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Expungement is often equated to the sealing or destroying of legal records. Generally,
expungement can be viewed as the process to "remove from general review" the records
pertaining to an arrest or conviction of a criminal case.
It is important to remember that a sealed record is not destroyed. Certain Law enforcement
departments, immigration officers, and other public officials may still see sealed court files for
certain purposes. However the public and your future or present employer should not be
able to view your records.
Usually, people ask for an expungement when they have been denied a job, housing, or a
professional license because of their criminal background. Even if you are found "not guilty" in
a criminal case, government offices may still have records of your case. For example, if you are
arrested and charged, but the prosecutor later decides to dismiss the case, there would be a record
of your arrest, fingerprints and mug shots. The record of your arrest will remain until it is expunged.
In addition, if you never entered a guilty plea and you successfully completed a pre-trial
“diversion program,” you may also qualify for an expungement. A conviction (pleading guilty
or being found guilty) for a crime may also be expunged.
If you have not expunged your arrest and you are ever required to represent on a
school, housing, license or non government job application if you have ever been
arrested, you would need to reply “yes”. If the record of the arrest is expunged,
you can reply “no”. It is our opinion that everyone should get all prior arrests and
convictions expunged, if possible.
Q: Who can get their court record expunged?
A: Eligibility for an expungement of arrest, investigation, detention record or conviction of a
crime will be based upon state law. Often a number of conditions must be met before the request
will be considered, including:
A minimum length of time has passed since arrest or conviction.
There have been no intervening arrests or convictions.
The type of crime that was committed.
Serious crimes like murder, aggravated assault, driving while intoxicated, and sex
offender crimes are never expunged.
Requesting an expungement involves a lot of paperwork and attention to detail, and it takes at
least several months to complete the process. If you decide to go forward and request an
expungement, be sure that you To a qualified attorney. If we are retained we will file
the necessary papers and legal complaint immediately. Do not hesitate.
Do not wait until you apply for a professional license, job or school. Let us help you now. We
have helped Doctors, Lawyers, students, housewives etc. We have even
expunged the record of a 90 year old man who wanted to
die without a criminal record being revealed to his family.
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