Expungement Lawyers – Executive Clemency

Do you qualify to have your criminal record expunged? Did you know that even though you qualify that you still have to request it in writing from the courts? An experienced and reputable Lead Counsel criminal lawyer specializing in Expungements can help you file for an Expungement, giving you a better chance of success. For some, executive clemency (governor’s pardon) may be an option. Contact a Lead Counsel Expungement lawyer in your area today to find out what your options may be.

Expungements

The police keep a record of all arrests and convictions, even if the arrest occurred 20 or 30 years ago. These records could potentially be open to anyone, including employers, licensing boards, schools and credit agencies. Many states allow anybody to request a person’s criminal record from the police, and even arrests with not guilty findings.

Allowing access to your old criminal conviction or arrest record tends to open the door for discrimination against you even though you are now a productive, law abiding citizen. As a result, under certain circumstances, you may be able to have old arrests or convictions erased from public records and police folders. This procedure is called Expungement. It involves the sealing or erasure of police and court records of your criminal conviction and arrest from public inspection in the eyes of the law.

Once your record has been expunged, you can legally state for the purpose of potential employment, education or professional licensure that you were never convicted of a crime and you may also be able to state that you’ve never been arrested. The conviction will not even show up when a government agency conducts a background search of your public records because the records are off limits to everyone except law enforcement personnel.

The laws pertaining to Expungements and the procedures followed in specific locales vary greatly from state to state. To find out if you qualify for Expungement in your particular locale, check with an Expungement lawyer.

While the laws and procedures for Expungements vary from state to state, there are certain things that are generally true across many state borders:

• You must apply in writing for an Expungement. Arrest and conviction records are not automatically expunged or sealed after a period of years.
  
• Even though a conviction has been expunged, in some circumstances it can still be used to increase the severity of a sentence if you are convicted again for a crime. For example, an expunged conviction may subject you to a "three strikes" sentencing law if you are convicted of another crime.
  
• Convictions cannot be expunged until about a year after they occur, and then only if you are done serving the sentence and you are not facing any new charges.
  
• Not all convictions are eligible for Expungement. For example, in many states you cannot expunge felony convictions involving a prison term or convictions involving sex offenses. Juvenile and misdemeanor convictions are most often successfully expunged.
  
• If you are found not guilty of a crime or are otherwise acquitted, you may be able to have the records of the arrest and charge sealed immediately.
  
• Disqualifying factors for an Expungement generally include: having had a previous Expungement; having a previous conviction for a misdemeanor or felony and having pending criminal charges.

Expungements are NOT available in all states, and most states have their own rules for whether or not an Expungement can be performed. Other options may include an Executive Clemency.

If you qualify for an Expungement, don’t delay. Contact a qualified expungement lawyer today to get started with your Expungement application. Even if you do not qualify for Expungement, there may be other options that may help you. Contact a Lead Counsel criminal lawyer in your area to find out what options are available to you.

Executive Clemency

The Governor, assisted by the Governor’s Board for Executive Clemency, is granted the constitutional power to grant a pardon or commutation of sentence following criminal conviction or juvenile adjudication. This power is called Executive Clemency, sometimes known as a governor’s pardon. A pardon forgives an individual for the crime.  A commutation is a reduction in sentence for currently incarcerated prisoners that can be granted for an entire sentence or any part of it.

The Executive Clemency procedure is governed by state rules, so it varies from state to state. Contact a LawInfo Lead Counsel qualified criminal attorney to find out if Executive Clemency may be an option for you.

Should I hire a Expungement Lawyer?

A point to remember is that even if the court has promised that your criminal records will be expunged after a certain amount of time, it won’t be automatic. You have to send a written request to the courts to expunge your criminal records. An Expungement lawyer knows what the courts are looking for in these types of requests, so it will stand a better chance of being successful if an experienced attorney helps you.

Executive Clemency is a difficult thing to have granted. However, a criminal attorney specializing in Executive Clemencies may be able to help. Contact a LawInfo Lead Counsel qualified criminal lawyer in your area today to find out what your options may be.