An expungement is a legal process where the petitioner or attorney asks a court to seal court records and any and all arrest information. In other words, expungement is simply the process of going to court and asking a judge to seal your court record.
Basics of Criminal Charge Expungement
Usually, people ask for an expungement when they have been denied a job, housing, or a professional license because of their criminal background. Keep in mind that an expunged record is not destroyed but simply buried. The local and state police, FBI, ICE, and other public entities may still request and see sealed court files for legal purposes.
There are two types of people who may file for an expungement
- A person who has been convicted of a misdemeanor, violation, or a series of misdemeanors or violations arising from a single incident
- A person who has been charged with a criminal offense and who has been found not guilty of the offense, or against whom charges have been dismissed with prejudice, and not in exchange for a guilty plea for another offense.
…but there are limitations to these rules. Once an expungement is granted, all records relating to the arrest, charge or other matters linked to the case are supposed to be sealed to the public.
Certain states have statutes that allow certain offenses to be expunged but usually only after a certain amount of time. Any charge that was dismissed or charge for which you were found not guilty may be expunged as well. Each state has different statutes concerning expungements, and you must apply for an expungement in the state in which you were convicted, hiring a qualified attorney for this matter is also important. It is our opinion not to take this on your self if you do not have a legal background or training.
To find a lawyer who is able to expunge your arrest record click the banner image below.
People frequently seek an expungement for employment purposes or to erase their past. If you would like more information about having your record expunged contact a lawyer using the banner above. If you have a mugshot taken at the time of your incarceration following arrest, and you wish to have your mugshot removed from websites click the image below.
Very interesting to see how this would work in the United States. I think people would take advantage of it though, you know how most Americans are scummy that way
Response to Cheatia M. An epungement goes before a judge also. It is up to the judge if they feel whether the charge should face epungement. I was convicted of misdemenor theif in 1983. My now ex-husband placed a pack of cigarettes (were on the shelves back then) in my purse when we were grocery shopping, I had my purse in the cart (never do that again). He went outside How convenient while I checked out. When I opened my purse to pay for groceries the clerk and I saw the cigarettes. The manager and police were called. I had the stupid money to pay for the cigarettes (which I did not smoke) and was charged. But it is still on my record all this time, no other infractions. I am in the process of having it expunged.
Hello everyone, I am wondering how can someone’s charge be expunged? Won’t they possibly commit the same act later on in life? I feel that if you do the crime you do the time and you must wear that charge around your neck so people will know what they are dealing with. Who wants a rapist or murderer working with them or near their family? I do not