Criminal Record Expungement
Posted on May 24, 2013 10:38am PDT
Do you have a criminal record that is affecting your ability to get a job or keeping you from renting an apartment to live in? If so, you are not alone. In fact most people often feel as though the aftermath of their criminal conviction is far worse than that of the actual punishments themselves. Perhaps you spent ten years behind bars for a crime you committed, now flash forward ten years. Still today you are having a hard time finding work even at the most low paying jobs because of your criminal past. Most employers don't tend to give you the opportunity to prove that you have had your act in gear for a number of years; all they see is a criminal. How then can you provide for your family or be a contributing member of society again? Will the system ever let you live a normal life or the opportunity to start over?
All hope is not lost for you, believe it or not. The opportunity of a fresh start is very much possible for those who have committed a crime in their past and are genuinely concerned with fighting for their future. This process is called expungement, and it means that with the approval of the court you will be able to conceal your past criminal record from the public. This means that potential employers who may have hesitated with your past will now be unable to know that you have a record. Perhaps you were overly qualified and you have multiple degrees, though your record was what kept them from adding you to their company. While government agencies will still have access to the files, employers, landlords, etc. will generally not have access if you are approved. If the court agrees to the expungement of your record and a potential employer asks you if you have ever been arrested or convicted of a crime, you can say honestly that you have not because your record is now cleared as far as public knowledge goes.
Unfortunately, not every individual with a criminal record is eligible to have their past concealed. In order to be entitled for an expungement, the court must decide if you qualify. This is one of the many reason having a skilled criminal defense attorney on your side is so important, they will help you to prove your claim to the judge and fight for the freedom from your past, and the fresh start you deserve. Depending on the stat you live in, some jurisdictions may only allow for people with a misdemeanor offense to receive a sealed record, there are certainty states that will not allow anyone with a felony conviction to be expunged.
The judge will likely require that you have had a clean record for a lengthy number of years before allowing you to have your record sealed as well. For example, they may ask to see ten years of no violence or any other interactions with the law before allowing you to qualify. Also, convicts are only eligible once they have finished their sentencing, it is every rare that a judge will allow for their record to be concealed even before they have paid their dues and time. In some cases, you may be approved for a "certificate of actual innocence" which not only expunges your records, but it is also a stamp on the record that claims you should have never been convicted in the first place. This may also work in the event that you are accused of a crime and then proven not guilty, some employers may still hesitate in hiring you because you were event arrested.
Contact a criminal defense attorney in your area today for more information!