An expungement lawyer can help a person clear his or her criminal record. Here are some things to think about.
Many people don’t realize that they need an expungement lawyer to wipe their criminal records clean. Lots of individuals don’t even know what the word “expunge” means much less how to spell it. What it means is to seal or erase a crime from a person’s record. After a certain amount of time following an arrest or if citizens were declared “not guilty” during a trial,
they can have their records cleared. If they don’t, these records can be viewed by the public and have detrimental consequences during the course of a person’s life. Here are some things to think about regarding this process:
- Expunction: Another name for this process is expunction. Most states within the U.S. allow this sealing or wiping away of police and court records. This is especially true for misdemeanors or offenses that were committed by juveniles. Sometimes the documents are actually destroyed while other times they are simply locked up away from public view.
- How the process is completed: In order to have one’s documents expunged, an application must be made in writing with the courts. This usually involves paying a fee and going through a waiting period.
- Discrimination: Many individuals decide to go through this process to keep from being discriminated against. Future employers, mortgage lenders, banks, landlords and others check into an applicant’s criminal background before giving him or her a job, mortgage loan, automobile loan, professional license or lease for an apartment or home. If crimes are discovered, even ones from decades earlier, this can ruin an applicant’s chances of getting the job, loan, professional license or place to live.
- Legally state “no” on applications: Once a person’s criminal record has been expunged, he or she can legally answer “no” to the question about whether they’ve been convicted of criminal offenses.
- Every state is different: The rules and laws in each and every state are different. Some states allow expunction while others do not. That’s why it’s in a person’s best interest to consult with an attorney about the circumstances and legalities that pertain to his or her case.
- Can still be used in future sentences: If a person commits another crime, his or her sealed records can still be used to increase the severity of the sentencing if he or she is found guilty of the new crime. For example, if a teenager robbed a store, expunged his or her record, and then robs another store, the judge will be able to see that it happened before and could add to the current sentencing.
- Time periods: There is often a time period of one year or more after an arrest before a person can apply for expunction.
- Disqualifiers: Certain offenses such as sex offenses or other felonies cannot be erased from a person’s record no matter how young they were or how much time has passed. Also, if offenses have already been erased once, chances aren’t good that the courts will allow it again for further crimes.
Individuals interested in having their records cleared up should seek legal guidance. An expungement lawyer would be the professional to turn to.
