Expunging or Sealing an Adult Criminal Record

The criminal justice system has been a long-standing institution that has evolved as society’s values and needs have changed. The criminal justice system provides harsh punishments for those who commit crimes and does so in order to deter future crimes. Once a criminal record is established, it can often be hard to erase it completely. However, there are certain instances in which a person convicted of a crime may be able to have his or her criminal record sealed. For example, someone convicted of illegal possession of a firearm may have the history of this conviction expunged if the person is not required to register as a sex offender. This article will discuss the procedure for expunging or sealing an adult criminal record, including the criteria that must be met and how to apply for a records seal.

The criminal justice system has been a long-standing institution that has evolved as society’s values and needs have changed. The criminal justice system provides harsh punishments for those who commit crimes and does so in order to deter future crimes. Once a criminal record is established, it can often be hard to erase it completely. However, there are certain instances in which a person convicted of a crime may be able to have his or her criminal record sealed.

What Is Expungement?

Expungement is the process of removing or sealing a criminal record. This process is designed to remove certain records of a criminal conviction from public view. As stated by the United States Department of Justice: “Expungement is an order from the court that seals the defendant’s criminal records so that the conviction will not appear on standard background checks.” Expungement can only be applied at the state level. Federal law cannot seal a person’s criminal convictions. The law also makes it clear that a person may not expunge more than one criminal record.

According to the U.S. Department of Justice: “Expungement is an order from the court that seals the defendant’s criminal records so that the conviction will not appear on standard background checks.” Expunged convictions are not a part of federal or state records. However, these convictions can potentially be shown to a third party if an individual applies for a position where they will be working with children, such as a social worker or teacher.

Is Your Record Eligible for Expungement?

There are certain crimes that can never be expunged. This includes murder, manslaughter, rape, and sexual offenses. Additionally, certain misdemeanor offenses cannot be expunged in some states. These include domestic violence and other violent crimes such as kidnapping. A person’s criminal record must also be clean for a minimum period of time before it can be expunged. For example, a person who has been convicted once of driving under the influence may not find relief for his or her conviction for up to ten years after the date of conviction.

The process of expunging a criminal record is not always simple. The process varies from state to state and even from county to county. Many counties offer no alternative to an expungement procedure other than a pardon, which requires an application directly through the governor’s office. Before filing for expungement in your county or state, it is important to research the necessary steps, and the paperwork needed. Always review your local rules carefully before beginning the process.

Applying for Expungement

The first step in the process of expunging a criminal record is to obtain and complete the necessary forms. These forms vary from county to county and state to state but typically include a petition for expungement, which can be obtained from the clerk of the court’s office. It is important that the petition for expungement be completed correctly, as failure to do so may result in your request being rejected or delayed.

Next, a person who is filing for expungement must determine the type of record he or she wants to expunge. Most people seeking expungement want to seal misdemeanor convictions. This can be done by filling out a petition for expungement and attaching any dispositions that are needed. In addition, all forms should be completed in black ink, and they must be filled out clearly and neatly. The person seeking expungement must also attach copies of all police reports, arrest records, fingerprint cards, court orders, etc.

If you have questions about or would like the help of an attorney that handles expungement cases to help you process your paperwork correctly and/or expedite the process of the expungement case, refer to this link to consult with an experienced expungement lawyer. 

Conclusion

The criminal justice system has been a long-standing institution that has evolved as society’s values and needs have changed. The criminal justice system provides harsh punishments for those who commit crimes and does so in order to deter future crimes. Once a criminal record is established, it can often be hard to erase it completely. However, there are certain instances in which a person convicted of a crime may be able to have his or her criminal record sealed. For example, someone convicted of illegal possession of a firearm may have the history of this conviction expunged if the person is not required to register as a sex offender.