Expungement Attorney Overview

Lawyer Assistance With Clearing Criminal Records

A criminal record can have a serious effect on a person's ability to find employment, housing, or education. Convictions and arrest records show up in background checks, and even if a person was found not guilty of a crime, their record can cause serious problems in their personal and professional life. Fortunately, many people are able to clear their criminal record through expungement or sealing.

If you are looking to expunge or seal your criminal record, it is important to work with a lawyer who is experienced in criminal law. An attorney can help you understand the laws of your state and work with you to meet your legal requirements as you seek a fresh start in your life.

Expungement and Sealing

When a person has completed certain requirements, such as serving a sentence of incarceration or probation after being convicted of a crime and refraining from receiving any further criminal charges for a certain number of years, they may be able to petition to have their criminal record cleared. When doing so there are typically two options available:

• Expungement - A criminal record that has been expunged is completely removed from a person's record, with arrest records and related documents being erased or physically destroyed. Expungement is usually available for arrest records that did not result in a conviction, or for certain types of crimes.
• Sealing - Records that are sealed are made unavailable for viewing by the general public, including employers or others who perform a background check. These records may still be available to law enforcement, prosecutors, or other government agencies.

Each state has its own laws regarding criminal record expungement and sealing, and the types of offenses which are eligible for expungement or sealing can vary significantly from state to state. In some cases, drug-related offenses may be expunged if offenders successfully complete probation and a treatment program, or felony charges may be sealed after a certain number of years have passed since the completion of a sentence. However, some offenses, such as DUI, may never be eligible for expungement or sealing.

If a person is eligible for expungement or sealing, they are typically required to file a petition for expungement, and they may be required to appear at a court hearing to demonstrate why the expungement of their record is in the best interests of the public. During the expungement process, it is important to work with an experienced attorney who can ensure that legal requirements are met and the proper procedures are followed. While some states allow for the automatic expungement of juvenile criminal records, it can still be beneficial to work with a lawyer in these cases to ensure that the expungement process is completed correctly.