An expungement seals a person’s criminal record. The sealing of your criminal record means that you can legally state that the police never arrested, accused, or charged you with a crime. In other words, it gets erased from your past.
No one can use your expunged conviction against you. It will not even show up when your employer runs a background check on you. You will no longer have to put “yes” next to the question of whether you have ever been arrested. This will increase your chances of landing better jobs and earning more money.
In addition to this, another benefit you will receive is at the time of renting an apartment. The landlord will run a background check on you to see if you have a criminal past or not. If your criminal record has been expunged, it will not show up.
The same goes for when you apply for a credit card or mortgage. Your criminal defense lawyer can help file your request on your behalf. However, not everyone is eligible for an expungement of their criminal record.
Are You Eligible for an Expungement of Your Criminal Record?
You need to meet the following criteria to determine if you are eligible for an expungement of your criminal record:
·The types of violations and crimes you have committed need to be within the approved guidelines of the state’s laws.
·The judge dismissed the criminal proceedings, you were not found guilty, or you were acquitted of the charge after the trial. Only a few states do allow for expungement of a criminal record if the court has found the guilty and convicted them of the crime.
·The person was released from custody before any formal criminal charges could be filed.
·The person has waited for a specific duration before looking for expungement of their criminal record via their criminal defense attorney.
·There are no new pending offenses or charges against the person who wants to expunge their criminal records.
·The person has paid all fines and restitutions that are part of the case.
·The person has completed all education programs, diversion programs, community service requirements probation.
In the case of minors, all states handle criminal record expungement differently. Some states have made it mandatory to expunge a criminal record of a minor, but most states do it automatically. Whether you are a minor or adult who wants to expunge their criminal record, you need to contact an experienced criminal defense attorney to help you out with the process.
Your lawyer can help you gather all the documents you require to file it. Some of the documents you may require include:
·Acceptance of Service
·Certificate of Eligibility from Your State’s Probation Department
·Consent and Waiver of Hearing
·Findings of Conclusions and Fact of Law
·Petitioner’s Reply
·Prosecutor and Victim Statements
·Victim Checklist
If you are searching for a qualified and experienced criminal defense lawyer to help you with the legal process of expunging your criminal record, you can call us to schedule a consultation.