what is a expungement lawyer

An expungement lawyer is an attorney that specializes in expunging criminal records. Expungement

attorneys are often sought out by people with criminal histories who have been exonerated or have completed their sentence. So, can an expungement lawyer really make a difference? Yes!

Full Answer

How do I get a criminal charge expungement?

 · An expungement lawyer is a legal professional that specializes in expunging your criminal record. If you have been charged with a crime and the charges were dropped or the case was won, then expunging your records can help to clear any negative blemishes on your character and give you back control over who has access to them.

Do you need a lawyer to expunge a criminal record?

Expungement Lawyers - What They Really Do - Expunge Center. The Expungement Center is dedicated to helping Americans everywhere understand their rights about their public records. We publish helpful information about record sealing and record expungement for states where it is available. Having a criminal record can be a hindrance to obtaining employment, getting a …

How long does it take for a criminal felony expungement?

 · In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant’s criminal record as well as, ideally, the public record.

How to pick a criminal lawyer?

Some states permit the expungement of a wide variety of criminal records, while elsewhere expungement (or record sealing) is more restricted. The lawyer cannot provide accurate advice unless he or she knows which laws apply to your case. Additionally, you typically must file your expungement request in the court that handled your criminal case.

Where Did the Offense Occur?

Expungement laws and procedures vary dramatically from state to state. Some states permit the expungement of a wide variety of criminal records, while elsewhere expungement (or record sealing) is more restricted. The lawyer cannot provide accurate advice unless he or she knows which laws apply to your case.

What Was the Offense?

Sometimes, a state’s expungement rules vary depending on the severity of the offense. It typically is easier to expunge a misdemeanor than a violent felony. (For example, there may be extended waiting periods or other requirements for serious felonies.) And, most states prohibit the expungement of certain criminal offenses.

Were You Convicted?

Some states only permit the expungement of non-conviction records. Non-conviction records include:

Do You Have Other Arrests or Convictions?

Many states limit the number of times you can expunge your record. Depending on where you live, you may be eligible for a single expungement. Other states require you to file a separate expungement request for each individual criminal offense. And, most states will not expunge your record if you have pending criminal charges.

When Did the Crime Occur?

Many states impose waiting periods in expungement cases. These waiting periods vary from a relatively short period of time to decades. In order to determine your eligibility, the expungement lawyer must understand when the crime occurred, when you were convicted, and when you completed your sentence (including probation and the payment of fines).

How Old Were You at the Time of the Crime?

If you were a juvenile at the time of the criminal offense, it may be easier to expunge your record. Most states have relatively generous rules about juvenile expungements—especially if you haven’t been charged with or convicted of subsequent crimes as an adult.

Do You Have Evidence of Rehabilitation?

In order to expunge your claim, you may have to convince a judge that it is in the community’s best interest. To prove this, you can show that you have a steady job, returned to school, and are otherwise contributing to society. Be prepared to discuss your lifestyle since your arrest or conviction.

What does expunging a criminal record mean?

Expunging a person's criminal record means that the case is sealed and the transgression is forgotten throughout the whole legal world. Once it is expunged, the record is inaccessible through the state and Federal repositories meaning that no one can obtain any document regarding the crime. With the successful completion ...

What happens when you expunge a record?

Once it is expunged, the record is inaccessible through the state and Federal repositories meaning that no one can obtain any document regarding the crime. With the successful completion of this procedure, one can truly return to a normal life and behave as if nothing ever happened. Expungement Requirements.

What is expungement in criminal justice?

What is Expungement? Expungement is a process by which a person's criminal records are treated as if they no longer exist. Each state has different options and limits regarding expungement, but all states permit some form of expungement or record sealing for juvenile offenses.

What does it mean when a criminal record is expunged?

When a criminal record is expunged, it is treated as if the charges never exist, and they are no longer associated at all with that person's criminal history. It generally means that the charges have "disappeared" from the court system.

How to get a conviction expunged?

While each state may differ when it comes to the qualifications and requirements for expungement, eligibility for expungement will typically involve the following: 1 Application for expungement in writing with the court where the conviction happened; 2 The original sentence must be completed served and finished; and/or 3 The applicant is not facing any new or additional criminal charges.

Can you expunge a juvenile record?

Generally, expungement is only available to those who have maintained a clean criminal record in the intervening years between.

Can misdemeanors be expunged?

Misdemeanor crimes are typically defined as less serious crimes that are punishable by a sentence of less than a year in a county jail (not a prison facility), and/or some monetary fines. Generally speaking, most misdemeanors can be expunged from a person’s record.

Can felonies be expunged?

Lastly, federal convictions for felonies generally cannot be expunged.

What does it mean when a record is sealed?

On the other hand, record sealing means that the charges do still exist; however, the records cannot be accessed as the records are closed to the general public. This means that persons or parties such as employers cannot gain access to those records, even though they still technically exist in the system.

What is expungement law?

Expungement law in the various states can be different, and what is included in expungement does have certain limits , so hiring an attorney to handle an expungement is valuable . Properly done by a qualified attorney, an expungement may help a person start a new life and move forward without a criminal record following them around.

What is expungement in criminal history?

Expungement is a process where a person can have official records in their criminal history effectively cleared of certain events so the general public cannot find those events when they search for a criminal history record. Although the expunged record may be available to certain law enforcement agencies and other government entities, ...

Can a felony conviction be expunged?

While records stemming from a misdemeanor conviction or arrest can often be sealed, a record of a felony offense, felony charge, or other type of more serious conviction record may not be eligible for expungement. The eligibility rules for felony expungement are different in each state, so a local attorney can help you understand whether ...

What are the requirements for a criminal record?

Generally, the requirements include things such as: The minimum length of time since the event (such as an arrest for a crime) has passed. A person has maintained a clean criminal record and has not had any other arrests or convictions since that time , except for minor traffic violations.

What is expungement in court?

Expungement (also called " expunction ") is a court-ordered process in which the legal record of an arrest or a criminal conviction is "sealed," or erased in the eyes of the law. When a conviction is expunged, the process may also be referred to as "setting aside a criminal conviction.".

What does it mean to be expunged?

An expungement ordinarily means that an arrest or convictions "sealed," or erased from a person's criminal record for most purposes. After the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted.

Can you get an arrest expunged?

The availability of expungement, and the procedure for getting an arrest or conviction expunged, will vary according to several factors, including the state or county in which the arrest or conviction occurred. In some jurisdictions, it's not possible to get an expungement.

Is expungement a criminal record?

An expungement will ordinarily be an accessible part of a person's criminal record, viewable by certain government agencies, including law enforcement and the criminal courts.This limited accessibility is sometimes referred to as a criminal record being "under seal.".

Can you get your criminal record expunged?

Whether you may get a criminal record expunged depends on a number of factors, including the jurisdiction; the nature of the crime or charge; the amount of time that has passed since the arrest or conviction; and your criminal history. Some states, including New York, don't allow for the expungement of criminal convictions at all.

What does it mean when your criminal record is sealed?

If your records are sealed, then it means they are not available to the public; this would include private investigators, credits, and employers.