Quick Answer: What Makes You Eligible For Expungement?

Who can get an expungement?

In order for one to qualify for expungement, the petitioner must have completed probation, paid all fines and restitution, and not currently be charged with a crime.

If the requirements are met for eligibility, a court may grant the petition if it finds that it would be in the interest of justice to do so..

Can you get a job with a possession charge?

Employment Opportunities – Equal employment opportunities do not extend to those convicted of crimes, even if the crimes were non-violent, non-felonies, such as misdemeanor drug possession. … In addition, your application to a college or university may be denied because of past drug possession charges.

Where do I go to expunge my record?

A person seeking to have an arrest or criminal conviction expunged from their record must usually fill out an application or petition, and submit the paperwork to the proper criminal court for a judge’s review and decision. In most jurisdictions, a fee must be paid in conjunction with the filing of the application.

Why would an expungement be denied?

An expungement can be denied for statutory reasons, such as not meeting the required timeframe for a class B misdemeanor DUI, which is 10 years, or for a class B misdemeanor theft offense, which would be three years. … Another reason to be denied an expungement would be the judge, who may not want to grant the petition.

How long do you have to wait to get something expunged off your record?

To file for an expungement based on a finding of Not Criminally Responsible, you must wait until 3 years have passed since the finding. If you were found guilty of one of the expungeable crimes, you must wait 3 years. Certain convictions can be expunged.

Can FBI See expunged records?

A Level 2 FBI Background Check A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.

Can a lawyer clear my criminal record?

Your Wallin & Klarich California expungement attorney may be able to help you in cleaning up your criminal record and set aside your conviction with an expungement. If the court decides to grant the expungement, you will be allowed to withdraw your previous guilty plea and the judge will dismiss your case.

How hard is it to get a misdemeanor expunged?

Can you get a misdemeanor expunged? Yes. While felony convictions are often very difficult to expunge (if expungement is permitted at all), misdemeanor expungement is relatively common.

What do you say to judge for expungement?

Always begin the letter with a formal greeting, such as “Dear Judge…”, before composing the rest of the letter. Then, write the first paragraph of your letter by explaining why you are writing, what charge you wish to have expunged, and a short description of why you feel it should be expunged.

Does your criminal record clear after 7 years?

Not only is seven years the baseline lookback period for what is generally available at the courts, but this is also the industry standard for lookback periods. In addition, some states limit the reporting of criminal record information to seven years. States that have a seven-year scope limitation include: California.

What does it mean to expunge a record?

It is not uncommon among juvenile court proceedings to encounter the term “expungement,” or find an expungement order issued by the court. … To “expunge” is to “erase or remove completely.” In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record.

Can you get an expungement without a lawyer?

Applying for Expungement If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free.

Can I get a government job with an expunged record?

Pretty much any government job will conduct an official DOJ background check before extending employment, including such professions as: fire fighter, police officer, public school teacher, etc. However, an expunged conviction will not prevent you from getting hired in most government positions.

Does a possession charge affect jobs?

The safe answer to this question is yes. Any arrest can affect your employability in any job in this economy. Employers are more and more looking at criminal records to deny employment. Security will be especially tough.

Can Immigration see expunged records?

In the immigration context, it’s a different matter. … For immigration purposes a criminal conviction will always exist, no matter whether a court expunges your record or not. That said, even if you do have a criminal record – expunged, sealed, or not – you may still be able to immigrate to the United States.

Do they drug test for expungement?

They are not going to drug test you. An expunction is a totally different situation than what you were in while your POM was pending.

Does a felony conviction ever go away?

Does a Felony Ever Go Away? A felony charge will stay on your record for life. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below).

Can law enforcement see expunged records?

Once expunged, such records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this occurs only in exceptional circumstances which normally require a court order or statutory authorization.