We all make mistakes from time to time, and for the less fortunate of you this might have involved an arrest and subsequent criminal conviction. The real problems then tend to start several years later when you\’re trying to rent an apartment, or when you\’re applying for a new job and you\’re asked about your criminal record. There are few legitimate landlords or employers who are willing to house or employ people who have previous criminal records.
An expungement allows you to have your previous criminal record sealed, which basically means that it\’s no longer public record and that it is effectively erased from a legal point of view. Another important point to mention here is that you\’re not obliged to volunteer information to an employer or landlord about any criminal proceedings against your which didn\’t result in a conviction. So an expungement basically takes a conviction and converts it to a dismissal, meaning that it\’s no longer part of your \”criminal record\”. It essentially allows you to legally lie and when asked do you have a criminal record or have you ever had a criminal record you can with confidence answer No.
If, however, you were convicted then you can still have your criminal record expunged as long as you meet the following basic criteria:
- Not every single crime can be expunged, but this depends on the state and jurisdiction you live in – sometimes a court can refuse to reduce a felony to a misdemeanor and then dismiss it for example
- In most cases expungement is only available after you\’ve served your prison sentence, or reached the end of your probationary term and some statutory specified time must have lapsed since your conviction.
- If you\’ve been convicted of a drugs-related crime (outside of felonies) expungement is generally the best path to take to clear up your record
- If you\’re a juvenile and you\’ve been convicted of a crime the courts also tend to make expungement more available in these scenarios.
Your previous convictions might be visible to certain types of investigation companies, but in terms of court and police proceedings your expungement gives you a clean slate from a legal standpoint because your court records have been either sealed or destroyed. This is all the more reason for having your expungement handled by a qualified legal professional – you can ensure that the expungement is a done right and all the relevant and necessary agencies are notified once the Judge signs an expungment decree.
Self Expungement
Most courts provide all the documentation you need to conduct an expungement yourself, but you obviously need to have a full understanding of the expungement process – it\’s not just a matter of filling in the form and erasing your criminal convictions. You can handle your expungement yourself at absolutely no cost, but you are running the risk of things going awry on you.
Hiring a trained attorney to handle your expungement for you gives you a much better chance of wiping your legal slate clean, and getting that second chance in life that you so richly deserve.