Can You Get Your Criminal Charges Expunged?
Expungement is a legal process that people use to eliminate criminal charges from their records. When the court agrees to expungement, they take the criminal charges and hide them from the person's record. When people look up a person's criminal record, no one will see the charges that the court expunged. Are you interested in getting your charges expunged? If so, you will need to hire an expungement attorney. The attorney will review the following factors to determine if the court will approve this request.
The Rules in the State
Every state has rules related to expungement crimes, and there are typically three main rules:
- The rules stipulating whether you can expunge felonies, misdemeanors, or both.
- The time frame of the charges compared to the current date.
- The way the person followed through with the punishments.
Some states only allow expungement for misdemeanors, while other states also allow it for felonies. Every state also has rules with the types of charges they will expunge. Your lawyer needs to examine your charges to see if they qualify for expungement in your state.
Next, most states require waiting a specific number of years before they will agree to expungement. You might have to wait five years or more, and it depends on the state.
Finally, states typically will not allow expungement unless the person successfully completed all the punishments and consequences the court imposed for the charges.
The Process Required for Expunging Criminal Charges
After analyzing your case, the attorney might agree to pursue expungement for you if you meet the requirements. The process begins with a petition. Your attorney will create the expungement petition and will file it with the court. When the court receives it, they will schedule a hearing for the matter. You must attend the hearing with your lawyer. The purpose of the hearing is for the judge to review all the information. If you meet all the requirements for expungement, the judge might approve it for you. If the judge denies the request, you can try again in a year or two.
If you want to request expungement for your charges, you should start the process by meeting with an expungement attorney. The attorney will review and analyze your charges to see if they meet the requirements in your state. If so, you can pay the retainer to hire the expungement lawyer to initiate the expungement request.
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