Felony record cleared in all states

Because of the increased demand for criminal background checks and the better quality of data at a lower price, the harmful consequences of a criminal record can now last a lifetime, unless the records are expunged. Many people contend that this is an injustice as it is now consequence of the sentence that was not contemplated or intended at the time of sentencing. To address the changed consequences, many states have recently made attempts to modernize their expungement laws, including states such as Oklahoma, Utah , Nebraska, Alabama, New York , and Rhode Island.

There have been various federal laws proposed to expand expungement at the federal level, but none have made it out of committee. The first step is to determine if you are eligible for expungement in your state. The quickest and easiest way to find out if you qualify for a record expungement is to take this free online expungement eligibility test or call for a free phone consultation. The process by which to expunge a criminal record varies from state to state.

Expungement vs. Pardon

However, there are certain elements that remain the same in all expungement proceedings. Although each state has its own procedures and requirements for expungement, all require the person petitioning for expungement to have completed their probation and paid all fines, taken all court appointed classes, remained in good standing and must have not been convicted of a second crime during the rehabilitation period. The next step in applying to have your record expunged beyond contacting a licensed attorney is to find out as much information about the original case as possible.

This may mean calling the Clerk of the Superior Court for the county in which you were convicted and asking them to send you a copy of your conviction from that county. The next step varies from state to state and depends on the complexity of the conviction s. Each conviction must have a separate filing to be expunged. At this point, the person wishing to have an expunged record must draft and file a motion asking to reopen the case and change the finding to "not guilty.

Local rules may require you to serve a copy to the District Attorney, and file a proof of service with the court. After the petition has been filed, you must show up for the hearing date. However, having a proficient attorney to argue your case in court and file the appropriate motions will allow your case to proceed smoothly and with a much better chance of success for expungement. Excellent, licensed lawyers, will often provide the necessary legal research for your case, prepare and file the required motions, and argue your case in court.

Laws and conditions in which a record can be sealed or expunged varies by case and by state. To fully understand your specific situation and options for record sealing or expungement it is suggested that you contact us so that we can adequately provide professional legal assistance on your case. Expungement, the process by which a criminal record is re-opened and changed from "convicted" to "dismissed without guilt," varies from state to state. In order to have a record expunged in most states, it is often required to be a first-time offense.

Clearing a criminal record cannot happen overnight, or even right after the conviction. Most often there is a period before a petition can be made to the courts to have an expungement. In order to be eligible to dismiss a criminal conviction, probation must have been completed, or if no probation has been given, all fines and restitution must have been taken care of. Sometimes there is also a wait period, depending on the state, of up to five years after the probation has been completed before being eligible for expungement.

Many judges observe this waiting period before the petition can be filed as an indication of rehabilitation. The procedure generally involves a petition to the court, which includes an affidavit and motion seeking the relief, and then it will be reviewed by a judge.

However, although the process seems as simple as filing a single application and handing it over to the court, it is often much more complicated. In certain cases, the papers must be served to a District Attorney, or legal documentation must be prepared to be signed by a judge. If done incorrectly, the process can take much longer than need be or can possibly even be denied because improper procedure was followed. Further still in some cases, a court hearing is required.

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Expunging a criminal record may take months, depending on the background circumstances surrounding the conviction. The courts perform work on a first come, first serve basis. So the sooner a petition is filed, the sooner it will be reviewed. Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from months. A unique feature that they offer provides each client with access to an online database to ensure that each client is kept updated on the status of their expungement, and can easily track the the updates on their case so that they are continually aware of its current status.

After expungement, when a criminal background check is done that searches for convictions, the record will NOT show up because it is no longer a conviction. That being said, the arrest still remains on the record, as there is a difference between expungement and sealing an arrest. The law varies from state to state, but generally, you do not have to disclose your expunged conviction when applying for a job, so when applying to a school or for a new job, a person with an expunged criminal conviction can honestly answer "no" when asked if they have any previous convictions.

In an Internet-reliant age, anyone with a credit card can perform a background check online on anyone they wish. With a background check, if your record has been expunged, the criminal conviction will not be apparent even if a previous arrest might be. It will simply show as a record of arrest with no conviction. Although the criminal record has been expunged, the remaining arrest could also prove as a hindrance in landing a job. Once the expungement is granted, the next step involves the courts updating their records so that sites such as Backgroundchecks.

Generally, courts update their records within 48 hours. That being said, the Department of Justice usually take an additional 30 days, and the federal agencies such as the FBI take upwards of an additional 30 days on top of that. On average, it takes about days for the effects of an expunged record to be updated in law systems. However, some law firms offer the option of removing or updating the expunged information from background checks online.

Generally, each state's governor or a pardon board of high-ranking state officials has the power to grant a pardon under state criminal law. However, only about 1 in are granted. Pardon procedures vary from state to state, but it is always free to apply for a pardon. Like an expungement, there is also a wait period from the initial arrest or conviction or parole and the application for a pardon.

The wait period to apply for a pardon is commonly 5 years, but may vary based upon state. There are two types of pardons, conditional and unconditional pardons. An unconditional pardon fully restores a person's rights and innocence as if they had never committed the crime. A conditional pardon, however, comes with conditions before it may become effective, such as serving a sentence or completing parole. Pardons usually are associated with guilt, such that a pardon does not imply innocence and is merely a forgiveness of the offense.

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This should be viewed as an alternative when expungement is not possible due to ineligibility or any other exigent circumstances. In some states where expungement is not an option, such as Alabama or Maine, a pardon is the only way to clear a criminal record. In most states, you will need to file a motion with the court to request your record be expunged.

Once the motion has been filed, the court will investigate your criminal background to determine whether you qualify for expungement. Most of the time, there is a hearing to determine eligibility for expungement. In some instances, you may be summoned to court, which means that the court requires you to make an appearance.

If your presence is required by the court, you may want to contact a criminal lawyer to appear with you at the hearing. After the criminal records have been expunged, an arrest or criminal conviction does not need to be disclosed by the defendant.

Eligibility for expungement depends on a variety of factors, depending on where you live. However, some states do not allow for the expungement of criminal records at all, even if you do have several factors that may weigh in your favor. Offenses involving child pornography , sexual crimes, or felonies where the victim is younger than 18 years old are usually not eligible for expungement.

Even if a felony conviction is expunged, the court may consider the expunged convictions during sentencing if you are convicted of a new offense. Even though you do not have to disclose expunged offenses on most job applications, this rule does not apply if you are applying for certain jobs. Jobs that require a high level of security or involve issues of national security will require you to disclose even expunged convictions.

For example, if you apply to become a police officer or a federal agent that requires a security clearance, you will need to disclose even your expunged convictions in your application materials. Generally, it depends on the state you live in. In other states, having your records sealed is similar, but not quite the same — the records are not available to the public, but still exist in the context of the criminal justice system. That means that if any person such as potential employers, educational institutions, or other companies , conducts a public record search, those expunged records will not appear as part of the search.

However, records that are sealed, but not expunged, still count as prior offenses if you face other criminal charges in the future. Getting your criminal record cleared can sometimes be more complicated than it seems at first. It may be in your best interests to hire a lawyer to help you navigate the process. When the time comes, a lawyer can also help you file the required documents and represent your interests during formal proceedings if necessary.

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