Peter Blair | August 30, 2017 | Expungement
Expungement is a court-ordered process where your legal record is sealed in the eyes of the law. Many people know expungement as “setting aside a criminal conviction.” But how do you go through the process? Are you eligible and what crimes are acceptable for the process to begin? We will answer your questions today.
Can I expunge my record if I am a juvenile? In many states, there are laws that allow you to have your record expunged. Sometimes, the records will be destroyed depending on your age and the circumstances. The idea of expungement for a juvenile offender is to allow them to enter adulthood with a “clean slate” without the negative effects of a criminal record. The best thing you can do is speak to an experienced attorney.
Can your record be automatically expunged? No, not until a couple of years have passed. In many cases, you will have to file with the court to go through expungement, or else the process will not begin. Even juveniles must file in some cases if their records are not automatically sealed.
In what situations would my expungement be denied? Sometimes expungements are denied for many reasons, including: the time period not being met, having additional convictions, pending arrests, being convicted of a sexual offense, being a registered sex offender, or having an open case.
If my criminal record was expunged, do I have to admit that I have a record? In many cases, you can truthfully say that you were never arrested or charged with a crime. The process of expungement can restore you to the status that you occupied before being charged.
What can be expunged? What makes me eligible? Usually, any records on file can be expunged unless they are serious or violent felonies, or just felonies in general. Yes, you can still expunge your record if you have a felony, but in many cases it is for first-time misdemeanors.
You will be eligible if a certain amount of time has been met since you committed the crime, there haven’t been any more arrests or convictions, your criminal proceedings were dismissed, you were acquitted, you were discharged without conviction, or you were released before your formal charges were filed.
No matter what you are facing, no matter what crime you have been accused of, if you have been convicted and a certain time period has passed, you may be eligible for expungement. It is a good idea to call us to speak to us as soon as possible about your case. Call us as soon as possible to get started.