In the legal field, the term “expungement” refers to the process by which a record of a criminal conviction is sealed from the state or federal record. It is also removed from the official public record, though, any news reports or social media posts about the case remain public after an expungement.
It is possible to expunge an arrest, conviction, diversion, or a combination thereof. However, expungement does not restore federal gun rights. It is also important to note that a case being expunged does not mean that the crime never happened, and that the person is automatically pardoned. Additionally, a criminal record can only be expunged by the jurisdiction in which it was created.
Could My Conviction be Expunged?
While there are many crimes where expungement is not permitted, such as major felonies, there are many situations wherein if asked, the courts could consider expunging your case.
Eligibility for expungement includes:
- Fulfilling all terms of the sentence
- Having had no intervening incidents
- That the conviction was of a nature that is considered to be not very serious
- That a sufficient waiting period has passed between the conviction and the filing of the petition for expungement
- There are no pending proceedings for the individual
The process to expunge a conviction begins with the petitioner verifying his or her eligibility for expungement under state law, and then filing a petition with the court where the conviction occurred. Next, the court could hold a hearing to verify that the petitioner is eligible for expungement. Finally, the court would issue an order either granting or denying the petition.
Reach Out to a Skilled Attorney Today to Clear Your Record
A criminal record could negatively impact your life for many years to come. Get in touch with an experienced lawyer for assistance with getting your case expunged. The knowledgeable defense attorneys at Addair Law could help with your expungement from start to finish. Contact us for a free consultation today!