Let’s talk about expunging a criminal record

Let’s talk about expunging a criminal record

If you have want to know how to expunge your criminal record, please call us today at (619) 746-8879

A criminal record can be a real problem in many people’s lives. The fact that a person’s past crimes are easily visible can lead to cases of discrimination, damaging their way of work in society.

Even if the charges have been paid, a person with a criminal record may still be seen as dangerous to others. Therefore, this is what expungement is for. It is a way to minimize the negative impact of a criminal record on a person’s life.

Consequently, knowing the process, how to go about it, and what advantages or disadvantages it can bring is helpful for those who need it. Below, we will give you all the information required for a criminal record expunge process.

What is expungement?

Expungement is a petition that a person who has committed a crime in the past can use to avoid overpaying for it. It is a process by which the law performs a sealing process on arrests and other public-view crimes.

It applies to cases where people must have a clean record to obtain jobs or benefits without being discriminated against. Not only that, but it removes the existence of arrests or crimes from the personal history of the public view. Nonetheless, it will still be present in the record for legal authorities.

That is to say, a person who has previously committed crimes and has obtained a legal expungement can answer “No” to the question “Have you ever committed a crime or been arrested?” lawfully and honestly.

However, the conditions of expungement vary depending on the US state where the procedure is done. For example, expungement cases must always be visible in many US states.

How to do a criminal record expungement?

For many people, deleting a criminal record may not be apparent; in reality, it is something you can do entirely on your own.

You don’t need an attorney to do the entire process of expungement. Most commonly, you will only need to fill out paperwork. Similarly, you fill out petitions and other methods that depend on the state.

In many cases, you had to fill out the paperwork with the prosecutor and court’s office, sometimes pay a fee, and almost always end up in a court hearing. Although there are procedures in common for each state, many others can also vary depending on the disposition, offense, and other factors. 

Regardless if, in most cases, they seek to facilitate the process (in connection with modernity, reaching automation), it can still become complicated for an average person to have 

Therefore, if you require support, you should ideally hire a criminal defense lawyer. With them, you will have a better chance that your application will be accepted and processed.

How does the criminal record work?

Criminal records include information about anything unlawful you have been involved in. It is recorded in your RAP (Record of Arrests and Prosecutions) on the CJIS (Criminal Justice Information System) sheet.

Depending on the state, these charges, convictions, and court activities related to you may be stored differently. There are cases in which some crimes appear in certain documents, but others do not; this does not mean that there has been an error.

The documentation often needs to keep the same information by its very nature. To avoid believing that there are forgotten charges, the ideal is to access all these sources. You should consider this to carry out the legal process of the expungement.

Why can it be necessary to expunge your criminal record?

The importance of expunging your criminal record lies in the opportunities you will have for life after a crime. Many companies, organizations, agencies, colleges, universities, and government agencies require a clean criminal record.

That is to say that by expungement of your criminal record, you will make yourself more friendly in the eyes of many opportunities. Avoiding discrimination is vital. With a criminal record, you can be denied:

• A decent, well-paying job with reasonable hours;
• Applications to universities, schools, colleges, and courses of all kinds;
• The lawful purchase of a home;
• And other government services.

Therefore, you must carry out a criminal record expunging process. Otherwise, you may have an avalanche of problems that will lead you to difficult situations.

An expungement completely erases my record?

No, or at least not absolutely. Very few states leave the expunged record completely blank. Most commonly, deleting a criminal record means that it is out of the public eye.

In most cases, expunging a criminal record prevents information about the crimes committed from reaching the public—employees, landlords, licensees, bosses, and boards, among others.

Rather than disregarding the criminal record, deleting it, or erasing your data, it becomes confidential. Law enforcement, judges, and criminal intelligence forces can use it.

It ensures that all the information is well located and does not cause issues later. This way, the criminal record would still work with the law, affecting possible future criminal charges and sentencing.

And therefore, this has its exceptions. In particular cases, employers can go directly to court to demand the criminal record document. It is a possibility only for those who will occupy an important position, where crimes caused in this way, can become a compassionate issue.

But there are more important details, and the internet always remembers. The expungement of criminal records only applies to government records, and whatever information is on the internet about the crime will stay there.

Be it emails, videos, newspapers, or social networks, among many other options. In the case of private databases, nothing will change unless you make additional efforts to have such information removed.

Are there crimes that can’t be eliminated from the record?

Usually, the verdict given by the judge in your specific case determines which crimes can be expunged. In these cases, it does not matter whether your case is a felony or a misdemeanor.

In many offenses, if you have been convicted (found guilty), the records regarding such a charge cannot be deleted. However, these laws can certainly end up changing for better or worse.

Ideally, keep up with the news about the law, as you will find much of what you need here. For more information, a good idea would be to hire a criminal defense lawyer who will be able to get you out of any doubt. 

Automatic expungement

Automatic expungement is a process that is automatically given, as the name implies, with no paperwork involved. That is to say, certain crimes after three years, will be expunged from your criminal record.

Any records that the court, police, or other state agencies have related to your charges may qualify for automatic expungement. There are cases where the costs result in a dismissal, nolle prosequi, not guilty, or acquittal, and here the charges and records are automatically erased after three years.

However, in nolle prosequi cases, it does not apply with a requirement of alcohol or drug treatment. Automatic expungement applies to:

• Criminal charges. 
• Civil offenses involving less than 10 grams of marijuana.
• Severe traffic violation cases where the court is required.

The court will notify the person entitled to expungement to their last known address. The expungement of these cases may take place three years after the incident, but you must be eligible for expungement.

The eligibility for expungement

Expungement, for many people, is delicate and not to be taken lightly; the same applies to the law. Not everyone is eligible to go through a criminal record expungement process.

Again, most things change depending on the state and the legal jurisdiction in which the expungement process is done. In most cases, many states don’t allow expungement for felony convictions, but do it for misdemeanor convictions.

The offenses commonly categorized as ineligible are those that directly offend morals and values. DUI crimes, crimes of violence, homicide, sex crimes, fraud, and bribery.

When can I be eligible?

In the laws of several states, expungement is available only after the sentence is completed, which includes any necessary term of probation. The state will often require payment of all fees and restitution of everything related to the offense.

Knowing the waiting periods and application for criminal record expungement is also essential. After requiring expungement, the law requires a certain period (which can range from years to 10 years) after completion of the sentence, and no further crimes have been committed.

Can an expungement be denied?

The court can deny a request for your expungement. If the judge denies the bid at the hearing, you can file an appeal up to 30 days after the denial.

What happens after the petition is filed?

You may have questions about the proceedings after filling out the expungement paperwork. The reality is that it can be a tortuous process, taking months or years.

After you have filed the expungement, the court will act with immediacy. A copy of your petition will be sent to the state’s attorney, who will have 30 days to write an objection to your petition.

If the immigration attorney does not object, the state may proceed with the expungement without any problem. However, the process will be complicated if the state’s attorney objects.

The court, over the objection made by the state’s attorney, will hold a hearing on your petition, where the court will decide whether to erase your criminal record or not. The process itself can take approximately up to three months.

If the jury signs the expungement order, you will receive a copy of the order in the mail as a Certificate of Compliance for each agency used to delete each part of your record.

And if the state’s attorney objects to your expungement, you will receive a call in the mail to be present when the jury explains why the expungement is the decision of the case and, therefore, should be warranted.

The Unit Rule

The Unit Rule is an essential concept for your expungement process, as it can affect your eligibility for expungement. This rule applies to cases where the person has committed multiple offenses in the same issue.

All orders must be admissible for expungement for those with more than one charge in a specific incident. That is, if someone wants to conduct an expungement of an incident in which they committed more than one offense, this may not be possible due to the Unit Rule.

The only occasion this rule does not apply is in minor traffic offenses. It doesn’t matter how many or what other crimes you were involved in; you can still get an expungement for the same incident, as long as it is minor.

What is shielding? Is there a difference between expungement and shielding?

Shielding is a relatively similar process to expungement, as its effect is identical. The difference is that shielding may cause some offenses to remain visible to some people, making it less effective.

Many crimes can be shielded, but cannot be expunged. But in and of themselves, they are different processes with laws that support them in different ways.

What is pardon?

A pardon is an act where the governor uses their legal power to release someone from the guilt of a criminal act and prevents that person from suffering penalties for their criminal acts.

However, a pardon does not erase the conviction from the record, meaning the conviction will remain on the court and law enforcement records. Nevertheless, by their nature, exoneration rarely occurs.

How can I expunge my criminal record?

The easiest way to get your expungement is to go to a court, where you will be advised about the expungement process. You will be able to fill out the expungement petition, and with a lot of luck, you could have your expungement with ease.

However, this may not happen. There are many situations in which you may not be eligible for expungement, and you may need legal help. Ideally, you should hire a criminal defense lawyer for this. Contact us for more information!