why should you contact a criminal lawyer to get your criminal case expunged

by Jadon Shanahan 6 min read

An attorney is needed to help a person through their expungement process and come out the other side with a cleaner criminal record. If you were convicted of a crime in the past and want to know if you can have your criminal record expunged, you should contact a lawyer.

Do I Need An Attorney To Expunge My Record? Expungements are not guaranteed. So having a lawyer to handle your expungement increases the chances that it will be granted. Your criminal record is not something to gamble with, so getting a lawyer will make sure you are doing everything you can to get a clean record.

Full Answer

Do I need a lawyer to get my record expunged?

Expungements are not guaranteed. So having a lawyer to handle your expungement increases the chances that it will be granted. Your criminal record is not something to gamble with, so getting a lawyer will make sure you are doing everything you can to get a clean record.

Do I need to investigate my jurisdiction's expungement procedures?

Jun 09, 2021 · Attorneys are so essential to have for your expungement because you have a better chance of success. Expunging your criminal record can help restore certain rights and privileges you were...

What are the benefits of expunging a criminal record?

An expungement may be sought for many reasons. Many states allow expungements for many crimes. However, simply because an expungement is possible does not mean that the court will grant every petition that it receives. To ensure the highest probability of success, many criminal defendants decide to hire a criminal defense lawyer for help.

What does it mean to get an arrest or conviction expunged?

Aug 10, 2018 · While a defendant is legally allowed to file an expungement without the assistance of an misdemeanor defense attorney, it is best to retain an experienced attorney to handle a defendant’s expungement proceedings due to potential objections of the petition by the prosecution or judge on a case. Once legal counsel has been retained, your attorney will gather …

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Can you expunge a criminal record?

You must speak to an attorney who has experience with expungements in your state as the rules may not be the same everywhere. In general, a person may be eligible for expungement only if they have completed their sentence.

Can a conviction be expunged?

Convictions for non-violent crimes may be easier to expunge. However, violent felonies may be more difficult. In some states, certain violent felonies, like murder, may be barred entirely from expungement. You must speak with an attorney in your state to determine whether your criminal record can be expunged.

Do expungements happen automatically?

Expungements do not happen automatically, and proper procedures must be followed before an expungement is granted. Once an attorney has located the appropriate expungements statutes, they can help you determine if you are even eligible. In many states, some but not all offenses may be eligible for expungement.

Can a non-violent charge be expunged?

However, lesser non-violent offenses are more likely to be eligible for expungement. An attorney can review your case and figure out if you are even eligible for an expungement in the first place. Courts may have somewhat broad discretion when it comes to expungements.

Can a judge deny an expungement?

You may fill out all the forms and jump through all the hoops, but a judge could still deny your expungement at the end of the day. This level of discretion may be different in different states.

What happens if you get your conviction expunged?

Once these convictions are expunged from your criminal record, you will no longer be bound by their consequences. If your criminal conviction prevented you from voting in certain elections or owning a firearm, you would no longer be prevented from exercising those rights. You will also no longer have to inform certain people about your criminal ...

What happens if you get an expungement?

If a person is granted an expungement, they may be permitted to exercise rights and privileges they were previously barred from. Without a criminal record holding you back, you could get that new job that helps you turn your life around.

Can a first time offender be expunged?

Others permit additional crimes to be expunged if the defendant was a first time offender. Certain crimes may be exclu ded from being able to be expunged, including DUIs, sex crimes or violent crimes. The court reviews the case and the application.

What is expungement process?

However, the general process is for the defendant to petition the court to expunge his or her record. The expungement is usually based on one particular crime rather than the defendant’s entire criminal record. The petition explains the reason why expungement is being sought, the nature of the charges against the defendant and the reasons why ...

What happens when a person is convicted of a crime?

When a person has been convicted of a crime, he or she usually acquires a criminal record which can be accessed by landlords, potential employers and members of the general record. In order to conceal this record of past indiscretions, some criminal defendant decide to have their criminal record expunged.

Can a landlord run a background check?

Landlords may also run background checks, which can cause a person not to be able to rent property and live in a decent area. An expunged record can help eliminate this information from view.

1. An expungement can open up your job and career options

When you are trying to further your education or even get a job to progress on your chosen career path, it’s quite possible that you will be asked about your criminal history. You may even be asked to consent to a background check as a term of admission to a school or acceptance for employment.

2. An expungement can clear the way for you to obtain certain professional licenses

Similar to job and career opportunities, the opportunity to obtain specific professional (or other state-issued) licenses can be closed to you if you have a criminal record following you around. In fact, depending on the details of your criminal record, you could no longer be eligible to get:

Denver and Boulder Metro Area Criminal Defense Lawyer at the Griffin Law Firm

When you are ready to get a fresh start and effectively seal or expunge your criminal records, it’s time to contact Christopher Griffin.

Can a criminal defendant pay for an attorney?

Most criminal defendants are legally indigent and can’t afford to pay for an attorney. On the other hand, the state can’t legally prosecute indigents unless it provides them with an attorney. To satisfy this requirement, many states have set up public defender offices.

What to do if you have been charged with a crime?

If you've been charged with a crime, you're entering the world of the criminal justice system. In this world, an experienced attorney is critical to help manage your case and obtain the best possible outcome. Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially ...

Can an attorney give advice?

While attorneys can give advice, clients have the ultimate right to make most of the important decisions relating to their case, with very few exceptions. More See all Working With Your Criminal Defense Lawyer Topics. See More Working With Your Criminal Defense Lawyer Articles.

Can a defendant get a public defender?

Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially or prefer to hire a private attorney. In this section we'll explain who can get free legal representation, and who must (or should) hire their own criminal defense attorney.

Can a lawyer expunge a record?

When you hire a law firm to expunge your record, the process is fairly simple, and your likelihood of obtaining a record expungement is high. If you're thinking of attempting this process on your own, here are a few reasons why you might consider having a lawyer perform your expunction.

Can a criminal record affect your job?

Almost everyone knows that having a criminal record can impact your ability to get a good job. Some professions automatically exclude anyone convicted of a felony. In some cases, while a conviction won't automatically exclude you from employment eligibility, it may cause employer's to view your application with bias. All other things being equal, most employers will pick an applicant with a clean record over someone with a minor conviction.

Can a criminal record prevent you from getting a teaching license?

A criminal record can prevent you from obtaining certain state licenses, for example a teaching license from the Oklahoma State Department of Education or a nursing license from the Oklahoma Board of Nursing. If a conviction prevents you from obtaining the license to practice the career for which you have trained, it can be tremendously costly to return to school to train for a new career.

Can you adopt a child in Oklahoma?

If you wish to start or grow your family through adoption or becoming a foster parent, Oklahoma Department of Human Services will conduct an extensive background search, including a criminal records check. Oklahoma is not one of 15 states that automatically exclude convicted felons from adopting, but your criminal history can prevent you from being able to adopt a child.

Can you get a gun license in Oklahoma if you have a felony?

If your OSBI background check shows aggravated assault and battery, stalking, domestic violence, and other similar offenses, you will not be able to get a gun license pursuant to the Oklahoma Self Defense Act.

Why do you have to clear your criminal record in Oklahoma?

One of the most important reasons to clear your record is your own peace of mind. With the criminal history removed through record expungement, you no longer have to worry that a nosy neighbor or curious co-worker will find a criminal history that you hoped was buried in the past. Oklahoma court records are publicly available online here and here. One quick snoop can lead to rumors, character assassination, and strained relationships. However, if your record is expunged, your name will be stricken from court records and will not show up in an online records check. You will also have the peace of mind that comes from knowing your record will not plague any of the previously mentioned opportunities, nor will it show up in unexpected places to prevent you from achieving other goals.

Can you volunteer at Oklahoma schools?

If you have children, you may wish to volunteer at special events at their schools. However, Oklahoma public schools must conduct criminal background checks of not only teachers, but also parent volunteers. If you have a criminal record, volunteering at schools and other organizations may be prohibited. Typically, all programs that involve working with youth require volunteers to have a clean record, but other organizations are also likely to prevent you from volunteering if your record is blemished.

Can a person's name be on a criminal record?

Should this happen to you, it will undoubtedly keep you from living the life you wish. Rather than let a simple clerical error cost you jobs, a home, loans, or a higher education, work with a lawyer to erase this mistake.

Is a criminal record a stigma?

While it may seem like a petty thing to be concerned about, the truth is that criminal records carry a stigma, even if the crime was minor or far in the past. Even if you made a mistake years ago, having a criminal record will carry with it a stigma that others will find hard to ignore. Whether applying for a job, loan, or to college, a criminal record will always have you trying to explain what happened and why you are now a better person. There are some employers who won’t consider job applicants with criminal records, and it can impact your ability to get approved for certain financial benefits and contracts in some states.

Can you expunge a conviction?

Though the details can vary from one state to the next, most states' laws provide that once an arrest or conviction has been expunged, it need not be disclosed, including to potential employers or landlords.

Can you get an arrest expunged?

The good news is that, in some cases, you may be able to get an arrest or conviction expunged from your record.

Can juveniles get their records sealed?

Juvenile offenses. People who were arrested or convicted as juvenile offenders may have an easier time getting their criminal records expunged or sealed. Usually this is an option once the person reaches the age of 18, and they've otherwise stayed out of trouble with the law.

What is a certificate of actual innocence?

A Certificate of Actual Innocence is perhaps the most powerful form of expungement. This certificate does more than seal a prior record, it proves that a record should never have existed at all.

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