Expungement is referred as the conviction records and sealing arrest. Almost every state has passed certain laws in which a person is allowed to erase the arrests and the convictions from their records. As the details may vary from one state to another but according to the laws once the conviction gets removed it should not be revealed even to the potential landlords or employers. After expungement, an employee can mark no in the form of criminal records. The question arises how to get your record expunged? A criminal record can be a downfall in your life. Whether it is for you or your children. You would not be able to apply for any job if you get convicted of a criminal offense. In some cases, you may be able to remove the arrest or conviction from the history of your record.
How To Expunge You Record?
There is an eligibility for expungement:
To get a fresh start, one of the most vital actions that can be done by the people who are convicted or arrested is that they can investigate their jurisdictions expungement procedures. It begins with checking the law enforcement agency and country’s criminal record that is handling your arrest. There are certain questions about the eligibility that are quite important for the procedure and expungement:
- Is a particular offense eligible for expungement? The removal of the offense is directly related to the type of the offense. Jurisdiction only allows expungement for the misbehavior convictions and arrests; it does not allow the same for the serious crimes.
- When is a person eligible for an expungement? Expungement is only applicable if a person has finished his/her sentences that include any probation. A judge can even decrease the period of the probation in order to allow the person for the expungement.
- What does the expungement process involve? It does not require hiring a lawyer. You will get the form in many courts with titles motion for expungement.
- Consequences of expungement: There are some consequences of the expungement. Though it can never get disclosed by the court, but some licensing and police departments can find out the expunged records of the job applicant.
Certificate Of Actual Innocence:
The most powerful form of expungement is the certificate of actual innocence. It is even more than closing a previous record. It is a proof that there is no kind of record has ever existed. For example, if a person get arrested for spraying buildings with graffiti and later on the charges get dropped. Or the victim is feeling guilty about it. In any of the two situations, the person will get a certificate of innocence which will prove that he/she was innocent of the offense.
Now let’s talk about the expunged records vs. sealed records and also about the expunged records vs. pardons.
Expunged Records Vs Sealed Records:
Most of the times the difference between the two is not that clear. Both of the records are not available to the general public. The major difference between the two is that a sealed record is that record which still exists. It will not be accessible through normal means, but the record will be present somewhere.
While the expunged record is something, that disappears. It will not be visible by any means and purposes. In this, your scale will become clean as far as that particular matter is concerned. Nobody will be able to access the records without the permission of the court. The only information some of the government sectors may receive is that a criminal record expungement exists. We can say that both the records are inaccessible, but the expunged on is safer.
Expunged Records Vs Pardons:
They both are not at all same. As you know, in expunged records most of the part disappears whereas pardons are that in which you get forgiven for the crime. Unlike expunged, a pardon will be shown in your criminal history. In some cases, you can include expunged in your pardon. In this, you will be pardoned for the crime and the record will get expunged.
Every state has different policies and procedures for expunging a record. You need to make sure that:
- In some states, eligibility applications are mandatory. Be sure whether your case is eligible for the expungement or not.
- You get the copies of your criminal record as some states need that.
- You file all the major documents that include the filing fees. It may also include a hearing request or petition for the expungement based on your state.
• The trick of getting a clean chit is that do not repeat that offend again. Judges acknowledge that everybody makes mistakes. So, if you are the first timer for a minor crime, then you are safe.
• Another trick to get an expunged record is to register in Pretrial Intervention. You need to qualify for this. Consult your lawyer for the same as he/she can give you the best advice. He/she will discuss all the pros and cons of the option.
So, the relief from misdemeanor is based from state to state. If you are the only single misdemeanor, the chances of getting the removal of all the records are more. In most of the cases, a proper paperwork is needed to remove all the charges and get it cleaned. Now you know how to get your record expunged? If it is a minor crime or if you are the first time, it will be easier for you. Make sure you hire an experienced lawyer for the same because he/she will be your backbone at this point of time.