Expungement Laws
When you obtain an expungement, your legal records become sealed or non-existent to parties such as an employer inquiring about your legal history. Usually, individuals with a criminal record short of a felony conviction, such as an arrest, detention, investigation or misdemeanor conviction, choose to seek expungement of their case. However, in many cases even if you expunge your record, it is still accessible to law enforcement agencies. Depending on the state, there are different laws on how to obtain an expungement.
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Why get an expungement
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When you obtain any sort of conviction on your record it is best to seek an expungement. Those with criminal convictions may have trouble finding a job, obtaining a professional license, or voting in public elections. After expunging your case, you can claim never to have been charged with any crime. However, there are a few exceptions, such as with law enforcement agencies, where you must disclose your criminal history.
How to get an expungement
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Although the expungement process depends on the laws of each state, the standard procedure is to send a written application to your local court proving that you have met all probation requirements after serving your sentence without any complications or new charges.
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Who qualifies for an expungement
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Usually that depends on your state's laws. The following factors are deemed significant in determining eligibility: acquittal; time elapsed since the criminal incident; discharge without conviction; no intervening arrests; and release without official charges. In addition, an expungement is granted to an individual that the court feels now leads an exemplary life.
Who doesn't qualify for an expungement
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There are certain criminal cases that are not eligible for expungement. In most situations felony cases and sex offenses do not qualify for expungement. Usually expungements are reserved for misdemeanor cases, as well as cases where the individual is acquitted of the charge. In addition, most states expunge juvenile records to allow young people a fresh start in adulthood.
Cost of an expungement
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Courts usually impose a filing fee. A lawyer's services are usually necessary, and the cost can range from thousand of dollars to free for a court-appointed attorney. Either way, it is wise to consult with an attorney since he will know your state's laws.
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