Criminal Record Expungement: Common FAQ
Having a conviction on your criminal record can follow you around like an intimidating shadow that gets in the way of you living an ordinary life. Criminal record expungement may help you get on with your life.
Under what circumstances can a criminal record be expunged?
Every state has different qualification requirements to apply for expungement, but many of the rules are the same. For example, in the state of California, the person filing for expungement must:
- have completed any terms of probation that were required by the court
- not be serving probation or a sentence for a secondary offense
- have waited for a full year after their conviction
The requirements in other states can be similar, but one of the biggest differences between states is how long you have to wait after conviction to file a petition for expungement.
Does expungement mean the record is no longer visible at all?
Expungement does not completely remove a visible record from your background in every state. Instead, the case may still show up as dismissed. Therefore, if someone runs a background check, an expunged record may still be visible, it will just look like you were not formally convicted and the case against you was dismissed. In some states, however, a record may be completely removed from the system, but this can take some time to fully complete. Criminal records can be recorded through multiple entities, such as state agencies and local county government offices. Each individual agency has to clear the record before it is officially gone. Even then, the records may still be visible to higher entities.
Do you need a lawyer to file for criminal record expungement?
It is best if you have an attorney help you with record expungement, and many states will actually require that you get an attorney to file the petition. Once the petition is filed, it will go to the court system where you are charged for approval. In some cases, a judge will require you to come to court to discuss the details of the expungement, especially if they want to assess you personally before making their decision.
Are there certain records that cannot be expunged?
There are limitations on what types of records can be expunged, and those limitations are determined by each state. In general, it can be difficult to get violent crimes expunged, such as assault charges, rape, or lower-level murder charges.
To learn more about criminal record expungement, reach out to a local criminal law attorney.
Share