A criminal record can have a serious impact on your quality life. You can get your criminal record expunged to help you overcome the negative consequences.
When referring to your “record” nowadays your record is anything anyone can find in a background check. Even if you are not convicted or the charges were dropped, these records may still be found in a background check. The charges can be enough to cause problems in your employment, housing, and other areas of your daily life.
What does “expungement” mean?
Expungement is a process where the legal record of an arrest or conviction is “sealed”. The sealing of a record is a way to make it invisible to the public.
A CRIMINAL REPORT MAY CAUSE THINGS TO HAPPEN
Loss of job, or difficulty getting hired
A damaged reputation
Child custody disputes
The right to carry a firearm is taken away
Not moving up in your career
Problems renting an apartment or house?
Student aid and college acceptance denied
Personal and car insurance are more expensive
Voting rights lost
Revocation of professional licensure
HOW TO CHECK YOUR CRIME RECORD
To check your criminal history, contact the Department of Justice, Minnesota Bureau of Criminal Apprehension, or another similar department in your state. You will need to submit certain documentation and pay fees depending on the state you live in.
An applicant or Petition must be completed to request expungement. The petition must also include the necessary documentation. Finally, the application must be submitted to the appropriate criminal court for review and a decision. It is possible for the process to become more complicated depending on the particular case or state.
Expunctuals are not guaranteed. An expungement is not guaranteed. A Rand & Gregory Attorneys at Law Erwin 28339 Fayetteville NC lawyer can help you. You cannot gamble with your criminal record. Therefore, a lawyer will help ensure that you do everything possible to clear it.
Expungement refers to the process of removing criminal records from a person’s record. Although each state has its own rules and restrictions regarding expungement procedures, most states allow for some form of record sealing or expungement for juvenile offenses.
Each state will have its own requirements and qualifications, but the basic criteria for expungement are the following:
Request for expungement by writing to the court in which the conviction was made
The original sentence must have been completed, served, and concluded.
The applicant is not currently facing any additional or new criminal charges.
The expungement applicant must show proof that their probation has been completed. The expungement application will only be valid for the case they are applying for. You will need to file separate requests if you want multiple records and charges to be exonerated.
After all documents and forms are submitted for expungement the judge will review it and decide if the petition is eligible. Each court may have its own procedure or additional procedures for expungement.
Although exoneration of juvenile criminal records in most states is automatic, there are exceptions and you should consult an experienced lawyer who is qualified to help. sealing of juvenile records. Expunctual relief is generally only possible for those who have not been convicted in the time between. Individual courts may have different procedures for filing for juvenile exoneration.
A misdemeanor crime is one that involves a lesser degree of seriousness and can be punished by a sentence less than one year in a county jail (not an institution prison) and/or monetary fines. Generally speaking, most misdemeanors can be expunged from a person’s record. There are some common examples. expunged misdemeanor Convictions include:
Traffic crimes, including DUI or first-time drunk driving charges.
Various non-violent crimes;
Simple theft and related crimes
Vandalism and trespassing;
Resistance to arrest
Can You Remove a Felony From Your Criminal Record?
Felony crime is generally defined as a more serious crime that can be punished with a longer sentence (not in a county jail) and higher criminal fines. It is usually more difficult to expunge felony charges than for misdemeanors. Some states don’t allow the expungement or revocation of felonies. In other states, certain circumstances may be allowed. felonies are eligible for expungement.
A general rule of thumb is that the more serious the felony, the lower the chance that it can be expunged from a person’s record. Serious crimes result in longer sentences and higher penalties than those that are less serious.
These felonies are generally less serious than others. non-violent crimes Expungement is more likely for those who are convicted of drug possession. Sexual crimes such as rape and sexual assault, felonies involving victims under 18 years of age, and similar crimes are less likely to be exonerated.
Federal felonies convictions are generally ineligible for expungement. In some cases, however, a pardon may be granted to the defendant in connection with a federal felony conviction. However, this is usually only in very limited circumstances.
What’s the difference between sealing your record and expunging it?
The term “expungement,” especially when used in conjunction with other terms similar to it, is often interchangeable. “record sealing”. In a few ways, however, expungement differs from record sealing. It is considered that a criminal record has been expunged and is no longer associated with the criminal history of the person. This generally means the charges are “disappeared”.
Record sealing, on the other hand, means that charges are still valid, but cannot be accessed because the records are sealed to the public. Employers and other parties, such as employers, cannot access these records even though they technically still exist in the system.
Some states allow a sealed conviction to be used to increase the severity or length of a sentence. This is possible in cases where the person’s history as a “repeat criminal” might be relevant. This can happen even though the records are technically sealed.