Enduring a criminal conviction has a profound impact on a person’s life. Not only will they need to pay the fines and serve time in jail as ordered by the court as punishment for their offenses, but the resulting criminal record can make it difficult to obtain housing or employment.
Thankfully, state law recognizes that people should have the ability to obtain a fresh start after paying their debts to society. The expungement process allows most people with criminal convictions to petition a local court for a removal of that charge from their records.
A Hays expungement lawyer could provide valuable guidance during this process. A seasoned criminal defense attorney could evaluate your criminal record to determine if you are eligible, explain the overall expungement procedures, and submit the necessary paperwork on your behalf.
Almost every type of criminal conviction leaves a person eligible for an eventual expungement. The only exceptions are the most serious felonies, such as murder, rape, and offenses involving children.
The main limiting factor in expungement cases is the amount of time that has passed since a person fulfilled their obligations to the court. For instance, Kansas Statute § 21-6614 states that people who disposed of their cases through a form of pretrial diversion must wait three years from the end of that program to request an expungement.
Similarly, people with misdemeanor convictions, traffic infractions, or class D or E felonies must wait the same three-year period. As the severity of the conviction increases, the length of the waiting period also lengthens. The longest waiting period is ten years, which applies to drunk driving convictions. A skilled Hays attorney could take the lead to evaluate a person’s criminal record and determine if they are eligible to seek expungement.
Determining that a person is eligible for expungement is only one part of the process. Individuals looking to clear their records must submit a comprehensive petition to the court that handled the criminal case that resulted in the conviction. The petition itself must include detailed information about the petitioner, the case in criminal court, and a filing fee of $100.
Once a court receives this petition, it will schedule a formal hearing. During this hearing, the court will allow any interested party to testify as to why the expungement should or should not go forward. Testifying parties may include the petitioners themselves, members of law enforcement, or alleged victims of the pertinent crimes.
If the court concludes that the petitioner has not been convicted of a felony in the past two years, that the behavior of the petitioner warrants an expungement, and there is no other good reason to deny the application, the court must grant the request. A Hays expungement lawyer could draft these petitions, send them to the proper court, and appear in person to argue on a person’s behalf.
If you have served your debt to society, remained without a felony conviction for the past two years, and enough time has passed, you may be eligible for expungement of your record. Clearing criminal charges from your record could give you a fresh start, allowing you to move forward with employment, housing, and more.
A Hays expungement lawyer could help to determine your qualifications, gather the necessary documentation, submit petitions to the court, and make the necessary arguments to convince a court of your eligibility. Contact us today to learn more about your legal options for clearing your record.
