Expungement or the concealment of a criminal record is the process where a criminal record can be sealed and wiped out. How and why is this possible? Read on to know more.
What actually is expungement?
It is the process of sealing an arrest or conviction case records. Approximately every state has laws that allow a person to expunge their criminal records. The details might vary from state to state. Most states approve that once a criminal record such as petty theft is expunged, it’s like it didn’t happen at all.
Who is Eligible for Expungement?
Since expungement let a person have a fresh start from their arrest or conviction – there’s a process to follow to be eligible for this procedure. You may start checking on the criminal court that handled your case and ask for the following:
- What does the expungement procedure include? – Ask if you need to hire an attorney or you can just fill up a Motion for Expungement form.
- When is a person eligible for this? – Expungement is usually given to people who were able to finish their serving sentence. If there’s a good concrete reason, the judge can shorten the probationary period so the expungement is released in a shorter time.
- Are there any consequences for expungement? – At some point, the records can still show up even after sealing it.
- Is there a specific offense that is eligible for expungement? – Some jurisdiction allows expungement for minor offenses such as misdemeanor and some light felony accounts. Juvenile offenses and drug crimes have an easier way to expungement.
Obtaining an “Actual Innocence Certificate”
A certification of actual innocence is the most powerful type of expungement. This is more than just sealing a record. This proves that such a case should never show up again. For some cases that were filed but was, later on, dropped – then the defendant was found not guilty – is the kind of case that certification of actual innocence can be applied.
Hopefully, this has helped you become aware of the things to do if you have any criminal records. For further legal assistance, call us now!