Frequently Asked Criminal Expungement Questions

Various states have adopted a new law that allows individuals to seal or destroy public arrest records in order to improve their quality of life. The problem with expungement is that the process is extremely complex and fragile. Just one simple error, like a misspelled name, can eliminate a person’s chance to petition for expungement for the rest of their lives. For this reason, it is important to know what to expect with the criminal expungement process. The best method is to hire a criminal defense lawyer who is well-versed and experienced in the criminal record expungement laws and procedures. For a small, one-time fee, they will manage all the filing and schedule obligations on your behalf to ensure everything is filed exactly according to their regulations. Continue below to read through some of the common questions and answers regarding criminal record expungement. General Criminal Record Expungement FAQS: What is Criminal Record Expungement? It is a legal process in which a past convict or arrestee petitions to have their court records and arrest information blocked from public access. This means the general public cannot access them, including employers, landlords, banks, and more. Is Criminal Record Expungement Legal? Criminal record expungement is legal under both state and federal law, but not all states have adopted the law. Each state has its own set of regulations, restrictions, and procedures for expungement and record sealing. Check with a local defense lawyer for information about your state’s procedures. Who Can Petition for Expungement? Not everyone qualified for criminal record expungement. There are several perquisites to be eligible, all of which vary depending on the state, type of charges, amount of time that that has passed, current legal probations or pending charges, and much more. Generally, the types of petitioners who can apply includes individuals who were falsely charged, found not guilty, acquitted, had charges dismissed, or not guilty of the charges. Why Should I File? If you are granted sealed or expunged records, the quality of your life will improve in many ways. You will be eligible for a broader range of employment opportunities and professional licenses, and will be able to rent or purchase a home. It will also give you peace of mind knowing that if anyone looks up your records, they won’t find anything that could give you shame.

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