Terms
Expungement
It seems like the most honest and law-abiding citizens find themselves in the wrong place at the wrong time eventually and get wrapped up in a little trouble. All it takes is one minor offense to put a blemish on your previously nonexistent criminal record, which will haunt you every time you apply for a school, a new job, or even a new apartment. There is hope for some who qualify for an expungement of their criminal record.
Expungement is when the legal record of a criminal conviction is "sealed," or erased in the eyes of the law, after the duration of a certain amount of time or the fulfillment of certain obligations, such as probation or community service. Achieving an expungement will have you comfortably saying "no" when asked if you have had any previous arrests or convictions. People with expungements of a criminal conviction and in some cases even an arrest ordinarily don't have to be disclosed by the person convicted. No arrest or conviction will show up if a potential employer, educational institution, or government agency conducts a background search of an individual's public records.
However if you are going through sentencing for crimes committed at a later date, an expunged conviction may be considered as proof of a "prior conviction." Expungement laws pertaining to arrests and convictions vary from state to state, so you should talk to an experienced attorney about eligibility for expungement, and the procedure followed in your specific state or municipality.
The expungement of an arrest or conviction record allows for a notation to be made in the file that the records are off limits to everyone except law enforcement personnel. Defendants can than treat the arrests or convictions as though they had never happened. For example, assume that a defendant's conviction for misdemeanor possession of an illegal drug is expunged. On applications for school, a job or a professional license, the defendant can answer that he/she has no arrests or convictions, as long as no others exist.
The rules about eligibility for expungement, and the effect of expungement, vary from state to state; people interested in expungement should seek the advice of an experienced attorney that includes expungement as part of its services.
There are general guidelines that apply to many expungement programs. First, people have to write out an application for expungement. Arrest and conviction records will not automatically expunge themselves after a certain time period. It usually takes at least a year after a conviction occurs in order for it to qualify for expungement, and then only if the defendant is done serving the sentence and is facing no new charges.
There are several offenses ineligible for expungement. For example, in many states defendants cannot expunge felony convictions or convictions involving sex offenses. Usually, juvenile and misdemeanor convictions are most often subject to expungement. If a defendant is acquitted of a criminal charge, they may be able to have the records of the arrest and charge sealed immediately.
If you are applying for a school, a new job, or even a new apartment and are worried about an old charge or arrest coming back to haunt you, expungement may be the solution to your problems. If you want to know if you qualify for expungement, an experienced attorney can look at your record and go through the proceedings with you. Don't hesitate or your dream job could pass you up, contact an experienced attorney today.
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