To some extent, a past criminal record can have a great influence on your future. For instance, when looking for a new job, the HR recruiter might raise an eyebrow (or two) when they learn about your criminal past.
Other places where a criminal record may work against you are the nation’s courts. A court might want to dig deeper into your records to know if you have been a consistent offender or if it is your first-time offense. However, you don’t need to worry too much about a stained criminal record because there is something called criminal record expungement.
What is Expungement?
When presented before the court, a defendant will not want the court to review their past criminal record, especially if their record isn’t clean. They may request the court to seal their past criminal records because when they are accessible, they might accelerate the current case against them. The process of sealing past arrest and criminal records is called criminal record expungement.
Expungement doesn’t apply to everyone, as most people think. There are specific circumstances that call for it. If the process succeeds, a person’s criminal record becomes inaccessible.
What Makes You Eligible?
For an expungement procedure to go through, you must do or refrain from doing certain things for your request to be accepted:
- You must comply with the waiting period;
- Do not get arrested again during the waiting period;
- The offense needs to qualify for expungement.
1. You Must Comply with the Waiting Period
Although expungement requirements vary from state to state, the standard requirement is that you must wait for about 2 to 3 years to file an expungement request.
Besides, the waiting time depends on how much time the past case took to be resolved. If there were no criminal charges filed, you must wait for about two years from your arrest date.
If criminal charges were filed, but you were found not guilty, you can wait for about three years. That is, if the case was dismissed because it had no relevance or evidence to support it.
2. Do Not Get Arrested Again during the Waiting Period
Suppose you were arrested again, and new charges were filed but later dismissed. You don’t qualify for the previous offense’s expungement, especially if the second arrest happened during the waiting period. That’s because new arrests interfere with the waiting period.
3. Does the Offense Qualify for Expungement?
The nature of the case will also warrant if it qualifies for expungement. For instance, expungement is only applicable to arrest and misdemeanor convictions. If the offense was a felony, you would not be eligible for expungement.
Other offenses such as drug abuse also qualify for expungement. That’s because drug addicts are mostly taken through drug rehabilitation programs. If they complete the programs successfully, they have the right to apply for expungement.
What to Do When You Need an Expungement
There is a lot of information on what needs to be done for a successful expungement. However, the best thing you could do is seek legal help from an attorney specializing in the matter.
If you don’t have one, you can seek assistance from McKenzie Criminal Defense Law Firm, considering their decades-long expertise in handling criminal record expungement requests. Lastly, abiding by the law is vital in whatever you do, especially if your criminal record is not pristine.
About the Author
Mark Scott
With a law degree under his belt and years of experience, Mark Scott set off to make the law more accessible to all. He decided to help people lost in the maze of legal terminology to find their way. Mark writes clear and concise pieces and gives simple advice that is easy to follow. On account of positive feedback from readers, he decided to dedicate more of his time to this goal and became a legal columnist. In his writings, Mark covers a wide array of topics, like how to seek legal counsel, or how to deal with different procedures. Furthermore, he directs his readers toward other trustworthy resources for more in-depth information.
