Many people who have a criminal record are denied a job, housing, military service, a professional license or something else because of their past. In some cases, people with a criminal record can have it “expunged,” which as a practical matter will prevent employers, housing authorities or others from receiving information on the criminal record when background checks are conducted. This can be very helpful for people who made a mistake in their past and have made a change for the better and now want a fresh start.
What Is Expungement?
In broad terms, expungement is keeping a person's criminal record private from public view. However, in the states that allow expungements, the effect of an expungement can vary. In some states an expungement prevents the general public from obtaining access to a person's criminal record (so it won't show up in background checks), but it does not prevent police and certain other government employees from viewing the sealed court files. In other states an expungement results in the record being sealed so that even police and other government officials will need to a court order to view it (again, the record will not show up in a background check).
When Are You Eligible For An Expungement?
People who have a criminal record are those who would be interested in obtaining an expungement. A criminal record generally begins when you are arrested and charged with a crime. Even if you were found not guilty, you still have a criminal record.
Laws vary significantly between states regarding when a person with a criminal record is eligible for an expungement, but here are some general principles:
• If you were found not guilty or a prosecutor dismissed a case against you after you were charged with a crime, you are likely eligible for an expungement.
• If you pleaded no contest and successfully went through a court-ordered program (such as a drug treatment program in the case of a drug-related offense), some states will make you eligible for an expungement.
• Some states let people who were convicted of misdemeanors (less serious crimes) be eligible for an expungement.
• Some states let people who were convicted of certain types of felonies be eligible for an expungment (for those states that do permit expungements for some felonies, laws vary between states about which felonies cannot be expunged).
• There is often a requirement that probation was successfully completed.
• There is often a limit on the number of criminal incidents you have been involved in when determining your eligibility for an expungment.
• There is often a requirement that you have not been involved in any criminal acts between the matter for which you seek expungment and your exungement request.
• There is usually a waiting period between the incident for which you seek expungement and the time you become eligible for an expungement.
Because of the wide variation between state laws regarding when a person with a criminal record is eligible for an expungement, it is vital to seek legal help if you are considering one. A lawyer can advise you if you meet the requirements of eligibility for an expungement.
How To Get An Expungement
An expungment is a legal process and typically involves a decision by a judge or other officer of the court. The appropriate documents must be filed with the court, and then a judge has to rule in your favor. In some states, expungements are automatically granted for people who meet certain requirements. For people who do not meet the state's requirements --or in states that do not guarantee expungements even if certain conditions are met -- a judge must rule in your favor. Factors the judge considers when deciding whether to grant an expungement include the impact your criminal record has had on your ability to find work or housing, the effect of sealing the record on public safety and, if you are seeking a conviction expunged, whether you have made changes to your life since the crime and are a better person and unlikely to commit another crime.
Importance of Legal Help
There are specific rules and procedures for obtaining an expungement. Not following these rules and procedures can cause an expungment to be denied. As such, it is important to seek legal help if you want an expungement.
Obtaining Your Criminal Record
If you have been involved in a criminal proceeding and want to begin clearing your criminal record, you first must find out what is in the record. Our law firm can advise you how to obtain a copy of your criminal record as well as inform you which matters may be eligible to be expunged.
Obtaining an expungement and clearing your criminal record can be a significant help for people who are having difficulty obtaining a job, getting housing or suffering other negative consequences because of a criminal record. To help improve your chances that your criminal record will be expunged, call our law firm. Act fast, as the expungement process takes time, and the sooner you begin the process, the sooner we can start working to get your criminal record cleared.
Contact an attorney at Triscaro & Associates today. Please call us for all your legal needs. We offer a full range of legal services to individuals, families and businesses, including personal injury, estate planning, real estate, family law and business matters. We are dedicated to providing the highest quality legal services at a reasonable cost.