Whatever the reason you find yourself with a criminal record, you might be wondering if there is anything you can do about it. Are there ways to have your record cleaned? What if new information has come to light? What if everything that happened took place so long ago, you don’t feel like the same person anymore, and you don’t feel like this new version of yourself should have to keep paying for what that old version did. What if the record is from when you were underage?
The good news is there are paths to hiding or changing your criminal record, depending on the type of crime and what age you were when you were convicted of it. But before we discuss expunging and sealing criminal records, it is essential to note that this article in no way replaces legal advice provided by a professional. Every case is different, and as such, the route towards expunging or sealing a criminal record will be different for everyone. If you need help with expunging criminal records click here.
Make sure to consult an attorney who specializes in or has had experience with the alteration of criminal records in the state where you are located. For example, Criminal Lawyers Melbourne would be the most experienced team to work in that area of Australia. (Laws change from state to state, so the details of the process will look very different depending on where the conviction took place.) The following article will be using the state of D.C. as a basis. If your arrest or conviction occurred in another state, you would need to check with a legal professional there to know for certain if expunging or sealing is possible for you.
What Is The Expunging Of A Record?
There are two main routes to altering a previous criminal record. The first method is a process whereby the criminal record is expunged. This means that the record is erased entirely, resulting in a “restoration” of your status before your arrest or charge for this particular crime. This is a desirable option because having a record severely limits your employment, education, housing, civic engagement, and public assistance options. If there are other crimes on your record, those will not be erased. It is as if, on paper, you were never charged with the crime. In the eyes of the law, it is as if your involvement in the criminal case never happened.
When Can A Criminal Record Be Expunged?
Expunging of a record can occur, foremost, if you can be proven innocent in retrospect. As in, it can now be proven the crime did not happen, or if it did, it was committed by someone else, and this situation applies to any and all types of arrests and crimes. Innocence is also the fastest way to have a record legally altered.
Expungement can also be granted if you were arrested or convicted for having a fake identification card, misrepresenting your age, or if you have a juvenile record. As you might imagine, a record can also be expunged if the crime was committed only now the offense has been decriminalized or legalized.
What Is The Sealing Of A Record?
The second method of altering a previous criminal record is a process called sealing a record. This means the record will still exist and will be accessible by members of law enforcement, but will not be visible by members of the public. Also, the arrest or conviction will not be able to influence most work and living situations. There are, however, a few circumstances where you will still be required to disclose it.
When Can A Record Be Sealed?
A record can be sealed for several reasons, including the aforementioned proven innocence, fake identification use, misrepresentation of age, holding of a juvenile record, and if an offense is decriminalized or legalized. In addition to these cases, some misdemeanors are eligible for sealing.
What Is Setting Aside A Conviction?
Setting aside a conviction results in a very similar effect to that of sealing a record. The Youth Rehabilitation Act is responsible for this option when it comes to altering a criminal record. You may qualify for this option if you have served your sentence and were under the age of twenty-five at the time the offense occurred. It does not matter if the offense and service occurred well before the act was in place. If you’ve been arrested, chances are you’ve done something wrong. But, if you’re hoping to get out of a criminal conviction, you may need to learn how to get your record expunged, by checking out the tennessee arrest records. There are some states that have special expungement rules, while others allow you to file your petition with local courts
When it comes to altering your criminal record, seeking the guidance of an experienced professional is the first step. Many attorneys offer a free consultation where your particular case can be discussed in detail. You will be given the information you need to decide if you would like to move forward and seek the sealing or expunging of your record.
