Those of you who want to know the answer to the question of ‘Can you erase your criminal record?’ are in luck because a process called expungement can help you do so.
Expungement Law refers to deleting your criminal record from the state. However, there are some factors that determine whether you are eligible for an expungement.
To find out whether you can apply for an expungement and also how the whole process works, you need to read this article.
1. Who Is Eligible For An Expungement?
These are 6 ways to find out whether you are eligible for an expungement:
A. Age At The Time The Crime Occurred
If you were under 18 when you committed the crime, then it would be easier for you to get your criminal record expunged. States will automatically delete your criminal record when you become an adult.
B. Location Where The Offense Took Place
The possibility of clearing your criminal record depends on the place where the specific offense was committed.
If your state does not allow the deletion of criminal records, you may be assisted in other ways. For example, there is a high chance that the charges against you can be dropped even if your criminal record is not deleted.
So, just to make you aware, an expungement of your petition is handled in the court in which your case lies.
C. Criminal History
Your criminal history will come into question when deciding whether you are eligible for an expungement. The court will go through your past criminal records to see whether you have any convictions or arrests when they decide.
D. Type Of Crime
If you were charged with a serious violent crime such as murder, arson, domestic violence, etc, then there is a possibility that your criminal record will not be deleted.
However, since different states have different laws, you can contact an expungement attorney to ask whether you are fit for an expungement.
E. Complete The Court Case
Before applying for an expungement, your court case has to be over. You have to complete the remaining time you were given by the court to serve your probation period or sentence. Additionally, you also need to clear any outstanding fines or any other court expenses before applying.
F. Time Frame
In most states, you need to wait for a specific time before you can apply for an expungement. If your charges were dismissed, then the waiting period would be less compared to if you were convicted of a violent crime.
2. What Is The Expungement Process?
Below, we have explained what needs to be done to apply for an expungement.
A. Check The Expungement Laws Of Your State
Check the expungement laws in your state because not all states delete criminal records but have other options instead.
If your state does allow expungement, then make sure to complete all the terms ordered by the court. Otherwise, your petition will be rejected. Also, wait the recommended amount of time before you apply.
B. Documentation
Collect all the necessary documents before you apply for an expungement. These include the date of arrest, the description of the offense, the sentence given, a statement of the court fines paid by you, and so on.
After you have all the documents in order, it will be necessary to prepare the Order of Expungement. This will be a legal document that the judge will be signing.
C. Court Hearing
Having prepared your documents, you have to wait for a court hearing to determine if you qualify for an expungement.
Only the district attorney or judge will complete your petition for expunging a record and then decide whether or not you are eligible for it. As was pointed out earlier, if your petition has been granted, then you must not fail to collect a certified copy of the expungement order.
D. Submit The Expungement Court Order
To clear your records, you must submit your expungement order to all law enforcement agencies. Keep in mind that it could take many months for all of the agencies to process your order.
You can check your criminal records from time to time to see if all the law enforcement agencies have deleted your criminal records.
3. Why Can’t My Criminal Record Be Deleted?
One reason is that your case was not dismissed. Another reason for the expungement application getting rejected could be that the details in the application were false.
Talk to an expungement attorney to check your expungement application.
Conclusion
So if someone asks, ‘Can you erase your criminal record?’ Simply tell them about expungement laws. If you find it difficult to explain all the details, you can always ask them to read our article for better understanding.
