Expungement
Understanding Expungement and Getting Your Record Cleared
Having a criminal record can make life real hard. It can be barrier to jobs, housing, loans and other stuff. Lots of folks with records face stigma and bias, even after they done their time and are tryin’ to get their lives together. An expungement can give you a clean slate and open doors.
This article breaks down what expungement is, who qualifies, how it works and the pros n’ cons. Imma keep it real with you though – the process ain’t always easy or cheap. But it could change your life if you commit and follow through.
What Is Expungement?
When you get convicted of a crime, it goes on your criminal record permanently. An expungement is a court-ordered process that seals or destroys the record of your arrest and conviction. It’s like it never happened in the eyes of the law.
If you qualify and are approved, most public and private agencies won’t be able to see your record no more. There are exceptions though – law enforcement and courts can still view expunged records in some cases.
Who Qualifies for Expungement?
Expungement eligibility depends on a lot of factors:
- Type of offense
- Number of convictions
- Time passed since conviction
- State you live in
- Age when offense occured
Most states let you apply after a waiting period, as long as it was a low-level, non-violent offense. But things like DUIs, sex crimes and felonies often ain’t eligible.
You gotta research the specific laws where you live. I’ll link some resources at the end to look up your state.
The Expungement Process Step-by-Step
Here’s what to expect if you wanna get something expunged from your record:
- Review your criminal record – Get copies from courts and law enforcement to see what’s eligible
- Research state laws – Find out waiting periods, offenses that qualify, and filing processes for your area
- Complete petition forms – Fill out the court paperwork. Often includes personal info, criminal history, and legal reason for expungement
- File your petition – Submit forms by mail or in-person. Include filing fees, which can be over $100
- Attend your hearing – Judges review cases in court and decide whether to approve based on the law
- Serve expungement orders – If approved, the court sends orders to all agencies that need to seal your records
- Verify record clearance – Make sure your record actually got wiped and there were no issues
This overview is just to give you an idea. Each state has slightly different steps and forms to fill out. I highly recommend working with an expungement lawyer so you get it done right.
The Pros of Expungement
Getting an expungement can transform your opportunities if you have a record that’s holding you back. Here’s some potential benefits:
- Better access to jobs and careers
- Easier applications for professional licenses
- Chance at loan and housing applications
- Travel to other countries that bar criminal records
- Restore voting rights that were removed
- Improve social life and reduce stigma
For many folks trying to move on with their lives, clearing their name is chance to truly start fresh without a conviction dragging them down.
The Cons of Expungement
Expungement seems like a great option, but there’s downsides to consider too:
- Costly filing fees and lawyer expenses
- Strict eligibility requirements
- Lengthy waiting periods in some states
- No guarantee a judge approves your petition
- Doesn’t wipe record clean for all purposes
- Sealed offenses can still count as “prior” if you get arrested again
While an expungement hides your record in most cases, it doesn’t always delete it forever. And it takes time, money and effort with no sure outcome. Make sure you really need it before going through the hassle.
Checking Your Eligibility
Wondering if you qualify to get something expunged from your record? Every state has different laws, but there’s online resources to lookup info:
- FindLaw’s State Laws – Breaks down expungement eligibility by state
- States’ Clean Slate Clearinghouse – Database of state record clearance policies
- NOLO’s Expungement Guide – General overview of the expungement process
Do your research to understand what offenses qualify and how long to wait where you live. If unsure, some lawyers offer free consultations about clearing records too.
Finding an Expungement Lawyer
Trying to DIY your expungement forms without a lawyer is risky. Small mistakes could lead to denial. Your best bet is having an experienced attorney handle the process for you.
Options to find representation include:
- Search state bar associations for lawyer referrals
- Look for non-profit legal aid focused on expungements
- Ask public defenders that handled your previous conviction
- Search online directories and read reviews
Many lawyers offer free consultations, so meet with a few before deciding. Be upfront about your charges, income level, and ability to pay legal fees.
Can a Lawyer Guarantee My Expungement Will be Approved?
Even the best lawyer can’t guarantee a judge will grant your expungement petition. But an experienced attorney that regularly handles record clearance cases in your court system will understand how to navigate the process and maximize your chances.
They should clearly explain whether your specific offense qualifies under your state laws. If you’re eligible, they can help compile a compelling argument about your rehabilitation and readiness to have your record sealed.
So while there’s no definite approval, a lawyer intimately familiar with local expungement laws is your best shot.