Having a lawsuit or a conviction mentioned in your criminal record can affect your life negatively. It can be difficult for you to get a job, receive a bank loan approval, and even rent a house. To avoid these consequences, many people try to conceal their criminal records, past arrests, and ongoing lawsuits.
A legal way to conceal your criminal record is by filing for an expungement. So, what is expungement? It refers to the process of sealing the details of an arrest and a conviction. In the United States, there are laws that allow you to expunge these records. Once expunged, you are no longer bound to disclose the details of your criminal charges or conviction to your potential employers or landlords.
However, if you are to have past charges expunged from your record, the court needs to be convinced that you will abide by the law in the future. You need to diligently follow the related rules, and meet the requirements of the expungement process, else the charge will remain on your criminal record.
Here are a few crucial points about expungement to know more about clearing your criminal record:
Not all of those who apply for expungement are eligible to be cleared of criminal charges. In most cases, your criminal record and overall behavior in society must meet certain standards set by the court to qualify for the process. As clearing criminal records can be an opportunity to start with a clean slate, the jurisdiction needs to be more careful before expunging you.
To begin with, you should find out the eligibility criteria in your jurisdiction. The laws may vary from state to state, but the criteria for most states usually depend on a number of factors, including:
Along with these factors, there may be special eligibility rules for different states and counties that might be applicable for expungement of arrests or convictions.
Federal and state laws for expungement allow people to take different paths to erase criminal charges from their records. In a few cases, it may not be viable to completely drop the charges. In such situations, you can try to get a pardon from the court. Before you opt for this route, however, you should know the difference between expungement and pardon.
Expungement can wipe a criminal record and eliminate all references to the original charge or conviction. A pardon, on the other hand, is a grant by the state that excuses you from facing the legal consequences of the crime. The details of the conviction will remain on your criminal record even after a pardon.
To be eligible for a pardon, you must pay the restitution amount associated with your conviction. Remember, there is no guarantee that you will surely get a pardon even after you pay. Also, a pardon isn’t helpful for convicts with a sex offender status.
Once you’re convinced that you’re eligible for expungement, you need to file a petition with the local court. In most states, you’ll need to pay a certain amount along with the petition, after which you will receive a hearing date for when you need to be present in court.
Check if the state laws require you to file the petition in the county where the court charged you with the crime. In a few states, you will be asked to submit a certificate of eligibility with your petition or include a petition for dismissal with it.
Pay extreme attention to details when filing the form and avoid making mistakes. Even minor discrepancies in the petition form can delay the proceedings and the hearing date. You may even have to start the entire process all over again.
Applying for a Certificate of Actual Innocence can be a tricky option, as it is the highest form of criminal record expungement. It lawfully erases the conviction or criminal charges from a person’s criminal record and also recognizes that he/she is innocent and shouldn’t have been arrested in the first place.
This certificate is awarded to people arrested for a crime that they didn’t commit, with the charges getting dropped. Those convicted of a crime for which they were found guilty can get their criminal record expunged, but aren’t eligible for a certificate of innocence.
After the expungement processhttp:/// is successfully completed, you need not disclose details about an arrest or a criminal conviction before joining a new company or buying a house. For instance, when you’re filling a job application or buying/renting an apartment, you aren’t mandated to disclose that you were arrested or convicted of committing a crime. No record of your charges will be found, even if your potential employer or academic institution tries to inspect public records or search your criminal records.
To get your criminal charges expunged, you need to be extremely careful with the legal procedure. It is best to seek the advice of an attorney to handle this matter in order to avoid complications in your case. He/she can take care of the paperwork and answer your queries about your legal rights or the laws that affect your case.
A legal way to conceal your criminal record is by filing for an expungement. So, what is expungement? It refers to the process of sealing the details of an arrest and a conviction. In the United States, there are laws that allow you to expunge these records. Once expunged, you are no longer bound to disclose the details of your criminal charges or conviction to your potential employers or landlords.
However, if you are to have past charges expunged from your record, the court needs to be convinced that you will abide by the law in the future. You need to diligently follow the related rules, and meet the requirements of the expungement process, else the charge will remain on your criminal record.
Here are a few crucial points about expungement to know more about clearing your criminal record:
1. Eligibility for Expungement
Not all of those who apply for expungement are eligible to be cleared of criminal charges. In most cases, your criminal record and overall behavior in society must meet certain standards set by the court to qualify for the process. As clearing criminal records can be an opportunity to start with a clean slate, the jurisdiction needs to be more careful before expunging you.
To begin with, you should find out the eligibility criteria in your jurisdiction. The laws may vary from state to state, but the criteria for most states usually depend on a number of factors, including:
- The severity and the nature of the crime committed,
- The amount of time that has passed since the arrest or conviction
- If there are any subsequent incidents mentioned in the applicant’s criminal record
- The severity and nature of other criminal charges in the applicant’s criminal record.
Along with these factors, there may be special eligibility rules for different states and counties that might be applicable for expungement of arrests or convictions.
2. Difference between Expungement and Pardon
Federal and state laws for expungement allow people to take different paths to erase criminal charges from their records. In a few cases, it may not be viable to completely drop the charges. In such situations, you can try to get a pardon from the court. Before you opt for this route, however, you should know the difference between expungement and pardon.
Expungement can wipe a criminal record and eliminate all references to the original charge or conviction. A pardon, on the other hand, is a grant by the state that excuses you from facing the legal consequences of the crime. The details of the conviction will remain on your criminal record even after a pardon.
To be eligible for a pardon, you must pay the restitution amount associated with your conviction. Remember, there is no guarantee that you will surely get a pardon even after you pay. Also, a pardon isn’t helpful for convicts with a sex offender status.
3. Filing Petition for Expungement
Once you’re convinced that you’re eligible for expungement, you need to file a petition with the local court. In most states, you’ll need to pay a certain amount along with the petition, after which you will receive a hearing date for when you need to be present in court.
Check if the state laws require you to file the petition in the county where the court charged you with the crime. In a few states, you will be asked to submit a certificate of eligibility with your petition or include a petition for dismissal with it.
Pay extreme attention to details when filing the form and avoid making mistakes. Even minor discrepancies in the petition form can delay the proceedings and the hearing date. You may even have to start the entire process all over again.
4. Try for a Certificate of Actual Innocence
Applying for a Certificate of Actual Innocence can be a tricky option, as it is the highest form of criminal record expungement. It lawfully erases the conviction or criminal charges from a person’s criminal record and also recognizes that he/she is innocent and shouldn’t have been arrested in the first place.
This certificate is awarded to people arrested for a crime that they didn’t commit, with the charges getting dropped. Those convicted of a crime for which they were found guilty can get their criminal record expunged, but aren’t eligible for a certificate of innocence.
5. Legal Effect of Expungement
After the expungement processhttp:/// is successfully completed, you need not disclose details about an arrest or a criminal conviction before joining a new company or buying a house. For instance, when you’re filling a job application or buying/renting an apartment, you aren’t mandated to disclose that you were arrested or convicted of committing a crime. No record of your charges will be found, even if your potential employer or academic institution tries to inspect public records or search your criminal records.
To get your criminal charges expunged, you need to be extremely careful with the legal procedure. It is best to seek the advice of an attorney to handle this matter in order to avoid complications in your case. He/she can take care of the paperwork and answer your queries about your legal rights or the laws that affect your case.