What Crimes Are Eligible For Expungement?

A criminal expungement removes information from court records and criminal records. Getting an expungement may offer you a clean slate if you have a criminal record. If you get an expungement, potential employers and landlords will no longer have access to your criminal record. An expungement can also make it easier to apply for government benefits and college.

Expungement offers a fresh start. But crimes eligible for expungement depend on a number of factors, including your state’s laws and the severity and type of offense you were convicted of committing.

When you consider the benefits, hiring a criminal defense lawyer to help you navigate the process and get it done quicker is a good idea.

What Is an Expungement?

Expungement is a legal process that seals your criminal records from the general public. This means the conviction will not show up if an employer or a landlord runs a background check. However, law enforcement and judges will still have access to your records. For instance, if you get an expungement and are convicted of committing another crime, the courts will know about that prior conviction and could use it against you when handing down a sentence.

There may be several requirements you need to fulfill to get your records expunged or sealed. This may include waiting for a certain amount of time after you complete your sentence (including finishing parole or probation) before you can apply. You may also have to pay a fee and appear before a judge.

Most importantly, expungement laws vary by jurisdiction, and not all criminal offenses are eligible for expungement.

Who Is Eligible for an Expungement?

Expungement has several benefits. But who qualifies for an expungement depends on a number of factors, including:

• The laws of your state
• The nature and severity of the crime
• The time that has passed since your conviction
• Your criminal history

The judge will consider these factors before ruling on an expungement request. For details and information on how you can expunge your records, visit your state criminal court website or speak to a local criminal defense attorney about your options.

What Crimes Are Eligible?

States have their own laws outlining which crimes are eligible for expungement. Some states only allow misdemeanors and misdemeanor convictions to be expunged. Other states allow the expungement of felony convictions, except for serious or violent crimes.

Most felonies, in general, are difficult to expunge. For instance, in Texas and Arizona, felonies can’t be expunged. States like Utah and Washington, on the other hand, are more lenient on expunging felonies. Some states even make it difficult to get rid of misdemeanor drug or DUI convictions. Additionally, there are some first-degree felonies that are not eligible for expungement while some second-degree convictions are.

But there are some crimes that generally can’t be expunged. These include:

• Murder
• Arson
• Rape
• Sexual misconduct involving a minor

You cannot expunge a federal criminal conviction for any type of offense.

If you have questions about what your state allows, you should speak to a criminal defense attorney before you begin the expungement process. Their legal advice and legal help will prove valuable as they will know the criminal law in your state.

When Can I Get My Records Expunged?

State laws mostly dictate how the expungement process works and which crimes are eligible. So, you should research the laws of your state to determine the specifics of when you can get your records expunged. In most cases, however, you must complete the terms of your sentence and not get arrested again for a certain amount of time to qualify for expungement. This means more than simply getting out of prison. It also means completing parole or probation, paying fines, and completing any potential community service.

The Process of Filing for an Expungement

In most states, the expungement process starts when you or your attorney file a petition to expunge your records. In your petition, you should explain how you qualify and why you should receive an expungement. A judge will then set a hearing date to determine whether you qualify for an expungement. If your request is granted, the judge will order reporting agencies and other enforcement agencies to seal their records.

The cost of expungement varies from one state to another. Filing fees may be expensive, but most costs have a waiver if you can show economic hardship.

Effects of Expunging Your Records

An expungement erases certain information from and seals your criminal records, but that doesn’t mean the record will be destroyed. Law enforcement agencies, courts, and other government agencies will still be able to access your records. A judge, for instance, can use your expunged conviction during sentencing. But the general public, like a potential employer or a landlord, will not be able to see it.

A criminal defense lawyer who spends a significant amount of time doing expungements can help you navigate this process and make sure it is done thoroughly.