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Criminal expungement is a process which treats your criminal records as though they no longer exist. Although all states differ on the specific rules, all of them have some form of expungement in place. Expungement applies to all records on file with any court, detention, or correctional facility. Expungement also extends to law enforcement or criminal justice agencies that processed your arrest, detention, or trial.
Criminal expungement helps people who have committed a crime at some point in time get rid of their record and move on with their lives. Expungement helps make it easier to get a job, borrow money, adopt a child, or just give you peace of mind.
The more serious the charge is, the more difficult it is to expunge it from your criminal record. Misdemeanors with a sentence of a year or less are easier to expunge than felonies with a longer prison sentence. You can’t usually expunge records of arrests and convictions for serious felonies, particularly those involving violence.
People often think that without a conviction, an arrest doesn’t matter. Not only does an arrest stay on your records, but it can still cause problems. Although an arrest without a conviction can’t be held against you, many agencies use them as a screening process. Employers, rental properties, organizations such as volunteer programs, and others sometimes use previous arrests as the determining factor on whether to accept your application.
The states differ in the qualifications for expungement, but most require an application in writing, the completion of the original sentence, and having no new or additional criminal charges added. If you were on probation after serving your sentence, you must show that you met the requirements.
Each expungement process usually applies to a single record. If you have additional records, you must file a separate application for each one. Once you submit all the paperwork, a judge will evaluate the petition and determine if you meet the eligibility requirements for expungement.
Expungement typically takes anywhere from 90 days to to six months depending on several factors, including location and the type of crime. Once you file your petition to the court, a judge reviews it. It depends on your location and how many cases are on the court docket to determine how long it takes for the judge to hear it. Any mistake in the process can result in it taking much longer. Sometimes the court denies the process due to following an improper procedure. Once the courts approve the expungement, it takes an additional 30 to 60 days to update the record in the legal system. Once this period passes, a background check should show that the record is no longer there.
Fingerprints, DNA, and photographs that are part of your arrest or conviction record may be expunged. Different states handle the DNA of people with arrests who aren’t convicted differently. Fewer than half expunge the DNA of people who are proven innocent. In most states, you must apply for criminal expungement from the database.
Also, the DNA stored in CODIS, the DNA database, is only accessible to law enforcement. Your DNA record isn’t available to potential employers.
Regardless of the outcome of your case, once your fingerprints go into your record, they are there forever or until you do something to have them removed. Even if the charges against you are dropped, the process doesn’t happen automatically. It’s up to you to expunge your DNA record.
Sometimes. Both state and federal law allows some types of private employers to ask about specific types of convictions even after expungement. For example, a daycare center might require you to disclose any arrests or conviction charges related to sexual offenses.
Sometimes expunged records still appear on background checks. It’s simply a matter of the removing the record from one database and not from another. The best way to find out if your record is still available is to run a criminal background check. If it still pops up, then you can apply to have it removed.
Some other situations where you must disclose your expunged record in some states include:
Criminal expungement isn’t complicated when you know which forms you need and where to send them. A criminal expungement service takes care of finding the right forms and provide the submission information you need. We help make it an easier process without the potential for errors that slow down the process or invalidate your case.
We help people through the expungement process so they can get a clean start. We start by evaluating your records to see if you’re eligible to have your previous arrests and charges removed from the public record. We can help ensure that your expunged record is deleted from all databases where it might cause problems for you in the future.
Criminal expungement isn’t meant as a way for people to break the law and get away with it. It’s available to help people clear their record and put past mistakes behind them. Contact us today for an evaluation of your case and get the process started!
