Who Qualifies for Expungement? Prerequisites to Get Expunged

January 5, 2023

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Learn who qualifies for expungement and the expungement process with our complete guide below.

A person’s criminal offenses record can gravely affect their opportunities with potential employers.

Law enforcement agencies must show your arrest record filing to potential employers. If you are convicted of a misdemeanor and under probation for small crimes, there are steps you can take to ensure your record is left unchanged.

You can contact a criminal defense attorney and talk to see how you can get a person’s criminal record removed. Even without a solid attorney-client relationship, you can access free consultation for court supervision on removing your criminal record from the view of the general public.

Getting your criminal record eligible for expungement varies depending on your conviction or defense. In most states, your defense attorney can highlight which offenses can be wiped off your criminal history.

What is Expungement for Criminal Records?

Expungement, also known as criminal records sealing, is a process that allows for the removal of an arrest record from the public record, making it invisible and inaccessible during background checks. Getting your criminal records expunged can be enormously helpful for someone who was arrested or convicted of a crime and is looking to move forward and make a fresh start.

On top of this, not every crime can be expunged, as some states require a waiting period of at least several years after a sentence has been served before an individual can petition to get their arrest record sealed. As such, it is important to check your state-specific requirements so that you know the limitations of expungement eligibility.

The prosecutor’s office is used to deal with different legal topics, like the legal issue of getting an offense record removed.

Eligibility for the Expungement Process with Law Enforcement Agencies

The possibility of having criminal charges expunged, or removed from one’s record, is a ray of hope many criminal defendants rely on as they attempt to turn their lives around and move on with their lives with a clean slate. As for who qualifies for expungement, this section will help you pinpoint your potential eligibility.

These factors can vary from state to state, but misdemeanors and minor felony convictions may be eligible for expungement. Cases involving violent or sex offenses will generally not be qualified. A sex offense is often unforgivable in many local law provisions.

A person can contact their attorney to see if the law allows them to have their legal issue removed. Depending on local law, a person can have their record removed if their record is carrying a deadly weapon. This differs depending on the state, and the best solution would be for a person to contact their attorney to learn more.

All felony convictions generally will not qualify if the defendant was an adult at the time of the offense. Some states have specific requirements, such as three to five years, after the completion of the sentence before a case is eligible for expungement. Cases that end in probation are usually approved.

Expunged Record Benefits

In recent years, there has been a growing trend of individuals seeking to expunge their conviction records for different factors. This process allows people to clear their history, giving them another chance.

Here are six benefits of expungement:

Increased employment opportunities

The nature of having a crime record – even a minor altercation – can limit an individual’s employment prospects. Expungement eligibility can clear those conviction concerns and allow individuals to obtain the jobs they seek.

Greater peace of mind

The stress and guilt of having a record can overwhelm many individuals. With an expunged conviction record, that weight can be taken off the shoulders, leading to greater peace of mind.

Reduced recidivism

The expungement process can teach participants the importance of taking personal responsibility for their actions and accepting the consequences of criminal behavior.

Access to better education

Getting expunged can make a difference in educational opportunities, such as applying for scholarships or student loans. Not having any marks on your record makes you more likely to be accepted to better educational opportunities.

More affordable insurance

An expungement can help an individual save money on insurance since insurance companies often consider criminal records when determining coverage and premium prices.

A stronger online reputation

Arrest and criminal records can not only be embarrassing but can harm your online reputation. Monitoring your reputation to look for negative content in online searches allows you to spot problems before they can cause further damage. When you get your records removed via expungement or other legal processes, you can restore your reputation and improve your chances of achieving personal and professional goals.

Process for Qualifying for Expungement

Qualifying to remove your files is difficult, and the exact steps vary by most states. Generally, there are several steps someone hoping to qualify for expungement can take:

1. Research State Laws and Guidelines

The first step is to research your state’s laws and guidelines for expungement. Every state has laws about the expungement criteria. It’s important to research your state’s laws to ensure you qualify and avoid legal complications.

2. Get a Copy of Your Criminal Record

Once you have determined your eligibility based on the laws in your state, the next step is to get a copy of your crime record. Do this by submitting an authorization form to the crimes records division of your local law enforcement agency.

3. File a Petition for Expungement

Once you have a copy of your record, start filing a petition to remove criminal offense records with your local court. The petition must include criminal charge details, court conviction, and other relevant information.

4. Submit Supporting Documents

The court will often require supporting documents such as letters of recommendation, a personal statement, and proof of any classes or programs completed since the conviction. Other states usually have different sets of requirements.

5. Attend a Hearing

The final step is to attend a hearing, where the court will decide whether or not to approve the expungement eligibility. While there is no guarantee that the petition will be approved, if the individual meets the criteria for eligibility and presents a strong case for becoming eligible for an expungement, the chances of being approved are much higher.

A separate motion can be filed if the law allows you to contact your attorney to file to get your record removed. If this motion does not work, contact your attorney to see if you lack documents or if you did not follow the process correctly.

Can My Record be Expunged?

Still wondering who qualifies for expungement? We can help.

Although removing your criminal history is possible, the steps to take are not always easy. The truth is that some people fail to remove their history because of a lack of knowledge and not just access. The whole operation takes skill, the right know-how, and sometimes the right connections to pull off.

If you’re struggling to get your history off the web, give us a call! Learn more about how to fix your online reputation to help provide you with the opportunities you’ve been deprived of by calling 866-601-6803 .