Expungement is a procedure that varies in each jurisdiction. Several states allow its citizens to get the facility of sealing or expungement. Record Expungement means the removal of an arrest and court proceedings from your public records. The person can legally deny an arrest or other charges in front of an employer.
For several people, a conviction record or criminal arrest record can be the reason for negative and unwanted consequences. Your public records should not reflect any criminal history. Technology and online background checks can make it easy for anyone to access your personal history. A legal record can create problems in your life, such as you can’t get your dream job, a suitable loan or a comfortable apartment on rent.
Power of Expungement
If you are convicted for any crime that falls under the expungement laws of your state, you can give an application to expunge this record successfully. It will help you to increase your success chances while seeking a job, mortgaging, or renting a property. Banks, landlords, and employers find it hesitant to trust a person with a criminal history. These records can become your recognition and do unintended damages to your life.
Record Expungement is a procedure of destroying or sealing court records. These records will not be available for you and other people. Every start has its expungement criteria. Application of this law may vary in each state. Some countries use specific terms, such as destruction, removal or expunction of criminal records, but their effects will be the same.
Types of Record Expungement
The correct explanation of expungement refers to the physical destruction of records. It ensures that the public can’t access them. Some countries don’t allow physical demolition of records. These states seal criminal records instead of destroying them.
Sealed records will be closed for public, but the law can allow some specific persons to open these records. Personnel of law enforcement can open these records while investigating a relevant case. If your state seals your records, make sure to examine the circumstances that can lead to the reopening or unsealing of legal records.
Certificate of actual innocence is a powerful form of record expungement. Your state may issue this certificate when you were charged with a crime, but these charges are dropped. You can get this certificate if your innocence is proved in the court after a trial. Obtaining this certificate offsets a possibility that your records are unsealed and can create troubles for you in the future.
Another possibility for a person who is convicted and looking for expungement is proof of rehabilitation. You can use this proof or make it an essential part of a petition. It becomes an evidentiary proof that you are taking necessary steps to live a good life and want to rectify mistakes of your past. It includes demonstrated remorse and payment of compensation due to sufferers.
A state may provide a form of pardon for expungement. A pardon can’t erase your crimes, but it can give a notice that you get forgiveness for your sins. You may still have to reveal information about your old criminal activities, but forgiveness can offset the influence of your record to an extent.
Benefits of Record Expungement
A successful record expungement can be beneficial for everyone, such as you can legally seal your criminal records. After this procedure, no one will know that you were charged, accused or arrested with one crime. It shows that if the whole event never happened. It will restore your life and allow you to have a new start.
While searching for a job, your potential employers are not allowed to ask about expunged convictions. They can’t use it against you in their employment decisions. An expunged or sealed conviction will not be a part of your background. You can legally say “no” to a question about a criminal record. It allows you to apply for good jobs and get better salaries.
Moreover, landlords often check your criminal background while checking their credit. After expunging your records, your landlord will not find anything in your criminal history. They can’t deny your application by your past criminal record. You will choose a great place to live. The similar applies while sending a request for a credit card or a mortgage.
Eligibility for Record Expungement
Your state is responsible for handling expungement cases, so you have to check the guidelines and procedure of your country. Here are some instructions that are the same in most of the states:
- You can apply for record expungement if you are eligible to send an application. Before submitting a request, make sure that you meet all requirements. Each state has specific guidelines for types of infractions and crimes eligible for this procedure. You have to check the regulations of your state to send an application.
- A criminal proceeding was dismissed, and the defendant was proved innocent after a trial. Some states allow record expungement even for a convicted person.
- A person was released before the filing of official criminal charges.
- The individual met waiting periods (vary by each state) before looking for petition a law court for record sealing or expungement.
- The applicant of expungement doesn’t have offenses or pending charges against a person pursuing expungement.
- Restitution or fine must be fully paid as a part of the case.
- Any community service needs, education programs, probation and diversion programs are completed.
Treatment for Adults vs. Minors
Some states have different rules for the expungement procedure for minors than adults. In several countries, the record expungement is mandatory for minors. Some states seal these records immediately and automatically for children. A minor may suffer the consequences of this record in adulthood and for his whole life. For this reason, states have special rules for their minors.
Procedure of Expungement
With some expectations, and if each condition is satisfied, the process of record expungement will initiate by filing a petition or application for expungement. You must have several documents to submit them with a request:
- Eligibility certificate (obtain from the probation department of your state)
- Waiver and consent of hearing
- Acceptance of services
- The victim and prosecutor statements
- Checklist of victim
- Reply of petitioner
- Finding different facts and conclusions of regulation
You can work with the probation department of your state to prepare a reliable report. A court will need this report to determine whether a person is eligible for this facility. A prosecutor can challenge the record expungement by filing his objection before your hearing for expungement. The court has to review the report of the probation department. The report explains the behavior of a person after his legal issues. The court will evaluate each situation and grant the permission of expungement with a good record and behavior.
Causes of Denial
Reasons for denial may vary in each state. A court can deny your expungement petition based on the following reasons:
- The petitioner doesn’t meet the waiting period requirement. There are pending fines, or the person doesn’t meet the conditions of probation.
- The case is open in the records of a court
- If your case is in federal court, it can be challenging to expunge your records. Federal criminalities don’t qualify for expungement
There is a pending arrest for the petitioner, or he is convicted for a new crime.
Some crimes are not eligible for expungement. These are serious offenses, such as murders and the crimes of sexual nature (child pornography or rape). Some countries allow their citizens to remove these crimes from their records. Proceedings of expungement take place at your state level. Every state has its waiting period and method of expungement.
Misdemeanors are less serious offenses and states punish them with monetary fines, one year in jail or community services. The chances of clearing these charges from your record may vary in each state. Your first crime can be easy to remove from your criminal record than your second misdemeanor. Serious misdemeanors are closer to felony crimes. These are DUI, assault or theft and treated like a misdemeanor or felony.
Some countries prohibit expungement of DUI sentences. Some states consider the expungement of DUI sentence in probation only without jail time. Moreover, all provisions of punishment should be fulfilled. The person should not have pending criminal charges.
The DUI cases affect your criminal record and driving record. Your criminal cases are different from the civil and administrative case. Expungement doesn’t apply to drive records and can’t affect your license restrictions and other matters of Motor Vehicles Department.
Hire an Attorney
If you want to expunge your records successfully, it is essential to hire a qualified attorney. The person must have the experience to handle these cases. He can represent your case before a judge in a better way. Make sure to share exact details with your attorney to make his work easy. If you are searching an attorney in Westlake Village, California, here is a good option for you:
“Record Expungement Attorney
30700 Russell Ranch Road
Westlake Village, CA, 91362