Start from a clean slate or wipe the slate clean are both phrases used to suggest starting fresh without being tied down by one’s past mistakes, yet in practice people with records often find that those marks prevent them from finding work or housing.
As such, more states and communities are passing “clean slate” laws that automate record clearance processes.
What is Expungement?
Expungement is a legal process that allows individuals to legally forget past criminal records, similar to wiping the slate clean. While it can be very beneficial in helping those moving on from past legal difficulties, exact details regarding eligibility vary by jurisdiction; typically if an offense was dismissed prior to entry of plea through deferred prosecution or probation or had its conviction overturned by courts then its records can be expunged; repeat offenses or serious felonies usually do not qualify.
Even though your record has been expunged, it could still be used against you in certain instances. An employer could consider an expunged case when making hiring decisions or using it for rental screening purposes; another situation might require disclosing an expunged case in professional licensing applications.
Keep in mind that an expungement request will only apply when existing in government files – such as court systems and law enforcement agencies – not private databases used by background check companies or online services such as those offered by background check companies or websites. Furthermore, should the petitioner commit another crime after expungement was requested, courts could consider that case was never cleared which could impact sentencing or immigration proceedings.
How Does Expungement Work?
Expungement is a legal process designed to voluntarily obliterate or seal records of arrest or conviction. Its availability varies by jurisdiction and typically involves submitting an application and supporting documents, paying a fee and having it reviewed by a judge. Most individuals hire legal assistance when going through this process; however, individuals may appear pro se as well.
After an expungement is granted, individuals no longer must disclose prior arrest or conviction on job applications and should no longer appear during private background checks. However, an expunged conviction will still be visible to federal agencies as well as appear in state bar association searches or police officers with access to that information.
Courts typically place restrictions on who can apply for expungement and which offenses qualify; many states, for instance, will not permit expunging convictions related to homicide or some sexual offenses and require that probation has been completed first before considering expunging an offense conviction.
Expungement does not completely wipe away or clear one’s past record, though. A previous conviction will still be accessible to law enforcement, sentencing judges in any subsequent criminal cases and courts that review an immigrant’s removal proceedings. Should someone be charged with another crime post-expunged, their prior record can increase penalties associated with that new conviction.
How Can I Expunge My Criminal Record?
The expungement process differs depending on your jurisdiction. A petition may need to be filed with the court where your case began, while certain states only permit expungement of certain charges (like misdemeanors ) while others require that an eligibility waiting period elapse before expunging your record can take place. Other factors, like severity and time since arrest or conviction can also impact eligibility.
Once a petition is filed, a judge will review it. If the prosecutor objects, then your attorney would need to present evidence as to why your record should be sealed or expunged at a hearing where the judge would then make his/her decision.
Once a judge’s decision is final, however, it takes some time for its effects to become visible. Once your expungement order has been signed by a judge and sent by mail or electronically to all law enforcement agencies with records related to your case – such as police departments, sheriff’s offices, jails and probation offices. Furthermore, copies may also be forwarded directly to agencies which took DNA samples used against you as well.
Expungement does not remove information already accessible to the public, such as newspapers or social media websites or private databases, however a former criminal charge on your record can still have adverse repercussions for employment opportunities, applications to schools or colleges, government services and immigration proceedings. Furthermore, expunged records may still be taken into consideration during sentencing processes for new crimes or during immigration proceedings.
How Can Expungement Help Me?
If you have a past criminal records Expungement can help get your life back on track. By expunging it from public view and making it inapplicable when applying for jobs or other official documents, expunging will provide relief from what can often be an embarrassing past.
However, expungement is no magic wand; your history will still appear online through sources such as Google search results and news websites. Therefore, it is unlikely that expunging can erase everything entirely unless winning an extensive lawsuit is successful.
However, expungements can make life much simpler for many reasons. In certain states, misdemeanor or minor felony convictions more than 10 years old may be eligible to be expunged; additionally if you completed deferred sentence probation or parole with good standing and can demonstrate that your lifestyle has changed and no longer poses any risk to society, an expungement may also be available as long as proof can be presented that shows you have changed.
Conclusion
Hiring an expungement lawyer early can help you understand all your available options and the processes involved with expungement. A competent attorney will conduct the research necessary to file all required motions on your behalf as well as represent you during court hearings for maximum success.