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How to get your criminal record expunged by Richard Conard
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How to get your criminal record expunged |
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Law
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If there is one thing that most people would like to avoid in their lives, it is to have a criminal record; nothing like it will make it so difficult for your life to move on in different areas. Today, whether you are talking to a potential landlord, a potential employer or even looking for admission in a school, everyone wants to know whether you have a criminal record. Whether you had the best criminal defense lawyer who defended you successfully to the end of the trial, every time you say yes, you will feel like you are receiving punishment for a mistake you have already paid a price for. The good news is that with expungements, you can easily get that bad chapter of life behind you and get every record about misdemeanors expunged.
Expungement is a legal process through which all your criminal records get destroyed and it will appear like you never committed any misdemeanor. However, there are cases where the copy of the record could remain available so it can be sued for potential future court cases. You will also hear about the term sealing, which is used interchangeably with the word expungement and they mean one and the same thing. When this procedure has been taken on your behalf, you can easily answer no to anyone who asks whether you have any criminal record.
It is an open secret that there are variations from one state to another regarding the crimes where expungement can be effected and under what circumstances. You need to talk to a criminal defense lawyer to explain to you what is applicable in your area. However, in most cases, some of the cases that apply include first time misdemeanors or non-violent felonies; you cannot have violent felonies expunged under any circumstances. There are also different states that allow for the expungement of juvenile criminal records as well as others where expungement will include all arrest records but not conditions.
While federal crimes cannot be expunged in many cases, there is only one exception where it becomes clear later that a conviction could have been unconstitutional or in cases where misconduct is discovered on the side of government. If and where expungement becomes allowed, all records such as DNA evidence, fingerprints or pictures that are kept in any court files, law enforcement facilities or detention centers will get expunged.
The specifics of the procedure vary from state to state and, as such, you want to get advice from a criminal defense lawyer who is well informed about your local laws. In general, you must know whether your crime is eligible for expungement and you must have completed the sentence given in regards to your crime. Once you know your eligibility for expungement, speak to a qualified criminal defense attorney to help you file a written request so the process can begin.
Related Articles -
criminal defense, asset forfeiture, appeals, expungements, pre-charges, litigation, assault & battery, burglary, drug possession, drug trafficking, DU,
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