Having a criminal record can limit you to a large extent. It draws invisible barriers around your life. Be it for employment, housing, or any other opportunity, if you have the misfortune of a past conviction it can weigh heavily on your future.
Fortunately, in many cases, it is quite possible for you to get your criminal record expunged. Expungement is a legal process that involves sealing or erasing your criminal records, essentially making it as though that offense never really occurred.
This process can provide you with a fresh start but it often requires you to follow specific steps and adhere to certain restrictions. Here’s a step-by-step guide to help you understand how you can expunge your criminal record.
Step 1: Determine Your Eligibility
Before you begin the process of expungement, it is essential for you to determine if you are eligible. Eligibility for expungement would definitely vary depending on where you live as well as the offense involved.
In certain states, particularly violent crimes or sex offenses might not be available for expungement. However, minor offenses, misdemeanors, or offenses committed at a younger age might be eligible. Here are a few requirements to note;
- Time Passed: You may need to wait a couple of years after the completion of your sentence, including the probation and parole, for the record to become eligible for expungement.
- No New Convictions: If you have been convicted of another crime after your initial conviction, this might serve as a disqualification from expungement.
- Completion of Sentence: You are required by law to have completed all aspects of your sentence including any fines, community service, or probation.
Check with your state laws if you can tick all the boxes above. You could also contact an expungement lawyer and have them handle the case!
Step 2: Prepare the Documents Needed
Once you determine you are eligible, the next step would have to be gathering all those documents that relate to your criminal record. This includes the court records (you may have a copy on you). Your court records need to include the verdict, judgement and any other relevant court documents.
If applicable, obtain records that show the successful completion of your probation or parole. You might also need to request for your arrest or police records as well as any additional documents that pertain to your case (for example, treatment programs, medical records, or proof of rehabilitation).
Step 3: The Expungement Petition
The next stage is filling out that petition. This serves as a formal request to the court to have your record sealed or erased. The petition would normally ask you a few simple question such as;
- Your full name, birthdate, and contact information.
- Details about the offense, including the conviction and the sentence.
- A statement of your eligibility, demonstrating that you meet the requirements.
- Any rehabilitation efforts you’ve made since the conviction.
Make sure all the information is accurate and complete as mistakes could lead to a delay or rejection.
Step 4: Submit the Petition in Court
After you have completed your petition, you would need to submit it to the appropriate court. This could be the court where you were convicted or even the court in your county or state that handles cases relating to expungement.
Along with the petition you might also need to pay a filing fee which varies depending on your location. In some cases, you may be eligible for a fee waiver if you are unable to afford the cost.
Step 5: The Hearing
In many cases the court will eventually schedule a hearing to review your petition. At the hearing, a judge is likely to examine your case, including any documents you submitted. If an expungement lawyer is involved they will be presenting the case on your behalf, throwing a spotlight onto the eligibility and efforts you have made to rehabilitate yourself.
It is important to attend this hearing as failing to do so would result in a denied petition. The judge might ask you a few questions about your case. Answer truthfully and respectfully!
All You Have to Do is Wait!
Truly, all you have to do is wait for the result. If your petition is granted, your criminal record will be sealed. If not, you can still appeal the decision. Your expungement lawyers can assist you with this if needed.
Don’t forget to follow up! In case your record has been expunged you can also check by performing a background check on yourself. If you are uncertain about any part of the process at any time, consult with an expungement lawyer. They can definitely make it a lot easier on you!
