People who have a conviction or arrest on their record, criminal record expungement is exactly what the doctor would order if they are looking for a new job or an apartment (rent or purchase). This is because a criminal past is often a deterrent. Expungement refers to a process that entails sealing criminal record information so that the public cannot access it. However, the information can still be accessed by the law enforcement. Expungement eligibility differs across states, and could be possible only in cases of misdemeanor convictions, after successfully completing probation or when a particular time period has elapsed.
Eligibility
The initial step toward sealing a criminal record is ascertaining eligibility. Eligibility requirements differ; therefore, get in touch with the court that presided the particular case for more details. For instance, in Louisiana, an individual can only have one DUI expunged in a decade, one misdemeanor expunged in five years, and one felony wiped off in a lifetime. On the contrary, in Kentucky, an individual who wasn’t found guilty or whose criminal case was dismissed in return for accepting another crime could get the charge, arrest and other case-related matters expunged. Individuals convicted of a violation or misdemeanor, or multiple violations or misdemeanors from the same incident could also have the case-related records expunged.
Petition
Upon eligibility confirmation, the next stage is putting an expungement petition in the court. Sometimes, this is referred to as motion for expungement. This petition should comprise the name and address of the petitioner; the conviction or arrest requiring expungement; case number; details of the court that took care of the matter; parole, probation, or sentence details; and whether the victims got restitution. Other requirements could be submitting fingerprints, a fee and a criminal record copy. Typically, notice of the expungement request is moved to third parties, like the law enforcement. In Pennsylvania, for instance, the petitioner should provide the petition copy to the Commonwealth’s lawyer, so that he could object or consent to the expungement.
Hearing
Upon filing the petition, a hearing is scheduled. However, your area may not have this requirement. At the time of hearing, an opportunity is given to the petitioner for explaining why an expungement is justified in his case. For example, he could argue he hasn’t indulged in any more anti-law activities since conviction, regularly participates in projects of community service, and has been steadily working for many years. The individual against the expungement is also allowed to present his side of the argument. Upon hearing both the sides, the judge would come to a conclusion in weeks or months. In case the expungement is approved, an expungement order is drafted and a copy forwarded to the law enforcement.
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