Expungement- A Guide

Expungement is actually a legal civil action in which the first time offender seeks that all the records of the prior conviction process be sealed and or destroyed. Each jurisdiction has its own definition or interpretation of expungement and actual records may still be available to law officials. Each state sets it own criteria for what can be expunged and there are some requirements that must be met in order for the record to be expunged. In some states there are no laws that deal directly with expungement, and it may be easier to obtain records relief.Do you want to learn more? Visit Expungement

The procedure may be available for persons who were arrested for crimes but were not convicted, and, in certain circumstances, for persons convicted misdemeanours or minor offences. Most states require that the offence should be is a first-time offence and a waiting period pass before examining the expunging process.

Although a record may be expunged, there may be situations in which any contact with criminal justice system must be disclosed, and to not do so will be considered grounds for prosecution. In limited circumstances, during an interview or on a job application, an applicant whose record has been expunged may respond “no” when asked, whether he or she has ever been arrested or convicted of a crime. It is entirely possible to have DUI convictions expunged.

It is advisable that anyone who is considering expungement to contact a lawyer who is knowledgeable in state laws, because the expungement process may not be available but there may be other types of relief that may be applicable and care must be exercised when contracting the services of a lawyer. The fact is that the expungement process is just a “process.” and the process may not even be available in the particular state.

Not everyone can qualify for expungement of records, as qualification may often depend on multiple factors and expunging of the records may only be granted after all criteria have been met. For some convictions and in some states expungement for some convictions such as marijuana possessions are automatic after two years.

DWI expungement refers to a process where the conviction for DWI conviction is set aside, a not guilty judgement is entered, and the complaint is dismissed. The Penal Code Section 1203.4 that authorizes this DUI expungement relief, explicitly states that the individual is, thereafter, relieved of all disabilities flowing from the former DUI / DWI conviction.

When a DUI conviction is expunged, it means not having to disclose it on a job application. DUI / DWI Expunging DWI convictions can be the initial step to a certificate of rehabilitation or pardon, adding peace of mind with the knowledge that any background check can be passed. The process is not perfect, however as the expunged conviction may be recalled in later prosecutions for subsequent drunk-driving offenses.

Given that background checks can now easily be conducted by almost anyone, including prospective employers, and educational institutions, with a expunged DUI record, your conviction and arrest record will not appear on their report, if you are applying for college and the educational institution conducts a background. If a company runs a public records check or an investigation on you, they will not find your DUI.

Expungement can take many forms and the relief available depends on the type of conviction, the type of sentence received, the age of the offender, and whether a claim for factual innocence is at all even possible. When properly executed, the procedure can eliminate remove hurdles to gainful employment, professional licenses, and bring closure and emotional relief.