Expungement Lawyer

A criminal conviction can hinder your plans for your life in numerous ways. Depending on the charge, you might be denied opportunities for employment, housing, education, and travel.

Expungement allows a person to fully participate in life after they have completed their sentence. Speak with an expungement lawyer from Price Benowitz about how you could put a past criminal conviction behind you.

Expungement Offers a Fresh Start

Arrests and criminal convictions are often the result of youthful mistakes, challenging circumstances, or untreated addictions and mental health issues. Offenders might serve their sentence, correct the issues that led to the conviction, and never commit another crime. Unfortunately, the conviction record can make it challenging for the person to thrive.

Expungement legally erases the record of an arrest or conviction. When someone whose arrest or conviction has been expunged is asked about their criminal history, they do not need to disclose the expunged information. It will not appear on criminal background checks, although most states allow law enforcement officers and prosecutors to view the complete criminal record, including expunged material.

Most states allow someone with an arrest or criminal conviction to apply for an expungement in specific circumstances. There is no process to expunge a conviction for a federal crime, but alternatives like a Presidential Pardon or Certificate of Rehabilitation might be available. A local defense attorney could evaluate a situation and explain whether expungement might be possible in a specific case.

States Impose Eligibility Requirements for Expungement

Eligibility for expungement depends on state law, but there are common requirements that prevail in most states that offer expungement. An offender is not eligible for an expungement until they have served their sentence, including restitution, probation, and any other punishment the court imposes. Many states require someone to wait for a specified period after completing their sentence before applying for an expungement.

An offender usually cannot apply for expungement if they have pending criminal charges or have been convicted of another crime since completing their sentence for the crime they want to be expunged. In some states, certain crimes are never eligible for expungement. For example, most states will not expunge capital felonies, sex crimes, or crimes against children.

Additionally, some states will not expunge drunk driving convictions.

Sometimes, an offender could apply for a record to be sealed if expungement is not available. Standard criminal background checks usually do not reveal a sealed record, but it could be released on a court order for good cause. Someone ineligible for expungement should consult a criminal attorney in their state about whether sealing might be available in their specific situation.

Record Sealing as an Alternative

If expungement is not an option, record sealing might provide a viable alternative. A sealed record is not erased but is restricted from public access, meaning employers and landlords typically cannot see it. However, certain agencies, such as law enforcement and government entities, may still have access.

The process for sealing records varies by state, and some crimes may not qualify. Consulting a knowledgeable defense attorney can help determine if sealing is a suitable option for your case.

The Expungement Process Varies Between States

Each state has its own procedures for applying for an expungement. Some require approval from the prosecutor’s office or the state corrections department before a person can apply for expungement, while others allow anyone who meets the state requirements to apply.

Some states require the crime’s victim to be notified and provide them an opportunity to comment on an expungement application. Additionally, some states require hearings on expungement applications, while others leave it to the judge’s discretion whether to hold a hearing. Applicants are always entitled to be represented by counsel at hearings and administrative proceedings regarding their request for expungement.

Expungement applications are typically extensive, and errors or omissions could lead to rejection. Anyone applying for an expungement should engage a local criminal attorney to help them with the application and manage the process.

Explore Expungement With an Experienced Defense Attorney

When expungement is available, it provides a clean slate and allows a person to move forward without having to explain a conviction. Opportunities that might have been denied previously due to a conviction might be open to someone who had their record expunged.

Expungement can be a complicated process and requires a skilled attorney well-versed in the law in your jurisdiction. Contact an expungement lawyer at Price Benowitz today to get started.