Expungement Eligibility
Not all criminal convictions are eligible for expungement. In fact, in some states, expungement is only an option for those who were found not guilty or whose charges were dropped.
A criminal defense attorney can explain eligibility for expungements in your state, and may help you take the necessary steps to get your criminal record cleared.
Connect with a local attorney today. Simply fill out the free online evaluation form on this page or call 877-445-1059 to arrange your no-obligation consultation.
Expungement Timeline
If you have a blemished criminal record, you may want to resolve it as soon as possible. However, many states have a minimum time which must pass before expungement is an option.
Typically, this is to prevent abuse and ensure that the filer has truly moved on from his criminal past.
However, some states only offer expungement of criminal arrests that did not result in conviction, or wrongful convictions.
In these states, there may be a window in which an expungement can be requested, after which it will not be considered.
To better understand possible waiting periods for expungement in your state, consult with a local criminal defense attorney.
Expugnable Offenses
Expungement is generally possible for both adult and juvenile records, but not everyone can get their records expunged.
In most states, only misdemeanor offenses can be expunged. In others, felonies may be cleared, but only with pardon from the Governor or a pardon review board.
Some states allow for only a small number of felonies to be expunged, such as class D drug possession or prostitution.
Generally, it is more difficult to get violent crimes, crimes involving weapons, and sex crimes expunged. In cases where records of these types of crimes can be cleared, the offender may still face limited rights, difficulty obtaining a firearm license and registry as a sex offender.
Non-Convictions Expunged
In almost all states, a criminal arrest that did not result in conviction, such as when charges are dropped by the prosecution or a jury finds the defendant not guilty, can be sealed.
However, this process is not automatic. The same steps may be necessary to remove a criminal charge from one's record as a conviction.
Discuss Expungement with a Criminal Defense Attorney
Expunging your criminal record may have a lasting positive effect on your life. However, the number of exceptions makes consulting with a criminal defense attorney a valuable step.
Connect with a criminal defense attorney today to learn if you can clear your record and your name. Simply fill out our free online evaluation form or call 877-445-1059 to schedule a no-obligation consultation with an attorney near you.
The above summary of expungements is by no means all-inclusive and is not legal advice. Laws may have changed since our last update. For the latest information on expungements, speak to a criminal defense attorney in your area.