An expungement is a legal process that allows individuals who have been convicted of a crime to clear their criminal record. While it may seem like an easy process, there are many complexities involved in obtaining an expungement, which is why hiring an experienced lawyer can be crucial to the success of your case. In this guide, we will explain everything you need to know about how to clear your criminal record with an expungement and why having a lawyer on your side can make all the difference.
Introduction to Expungement
Expungements are typically only available for misdemeanors or non-violent felonies, but the specific eligibility requirements vary by state. The purpose of an expungement is to provide individuals with a fresh start after they have completed their sentence and demonstrated good behavior. By clearing their criminal record, individuals can more easily find employment, housing, and other opportunities that might otherwise be difficult to come by with a criminal record.
Why You Need an Attorney for Your Expungement Case
While expungements may seem straightforward, the reality is that they can be quite complicated. There are numerous forms to fill out, procedures to follow, and rules to abide by, and any mistake can result in delays or even denial of your petition. Additionally, the prosecutor’s office and law enforcement agencies may object to your request for an expungement, requiring you to appear before a judge and present evidence as to why your record should be cleared. Having an experienced attorney on your side can help ensure that your petition is complete and accurate, and that you are fully prepared to address any objections from the opposing party.
The Process of Getting an Expungement
The first step in getting an expungement is determining whether you are eligible. This requires reviewing the details of your conviction and ensuring that you meet the necessary criteria under state law. Once you have determined that you are eligible, your attorney will file a petition for expungement with the appropriate court. The petition must include detailed information about your conviction, including the date of sentencing, the charges against you, and the disposition of your case.
Once the petition has been filed, the court will set a hearing date, at which time you will need to appear before a judge and argue why your record should be cleared. Your attorney will prepare you for this hearing and help you gather any necessary evidence to support your claim. If the judge grants your petition, he or she will sign an order directing the relevant agencies to seal or destroy your records.
Common Questions About Expungements
One common question people have about expungements is how long it takes to get one. The answer depends on several factors, including the complexity of your case, the number of agencies involved, and the workload of the courts. Generally speaking, however, the process can take anywhere from a few months to over a year. Another common question is whether an expungement will completely erase your criminal record. While an expungement does remove your record from public view, it does not necessarily mean that it has been destroyed entirely. Some government agencies may still have access to your records, and certain types of employers (such as those dealing with children or vulnerable adults) may still conduct background checks.
Success Stories: How Our Clients Have Benefited from Expungements
We have helped countless clients clear their criminal records through expungements, and the benefits they have received are numerous. For example, one client was able to secure a job offer that had previously been denied due to his criminal history. Another client was able to rent an apartment that had previously rejected her application based on her criminal record. These success stories demonstrate just how important it is to do whatever you can to clear your name and move forward with your life.
Conclusion and Next Steps
If you have a criminal record and are interested in pursuing an expungement, we encourage you to contact our offices today. We have extensive experience representing clients in expungement cases and can help guide you through every step of the process. With our expertise on your side, you can rest assured that your petition will be thorough and effective, giving you the best possible chance of achieving a successful outcome.
