Having a criminal record can affect various aspects of your life, from employment opportunities to housing options. Fortunately, expungement and sealing of records offer ways to move past your criminal history and start anew.
Here’s what you need to know about these processes and how they can benefit you.
What is Expungement?
Expungement is a legal process that removes a criminal conviction from your record, effectively treating it as if it never occurred. Once expunged, the conviction is not visible to most background checks, which can help you in securing employment and other opportunities.
What is Sealing of Records?
Sealing of records involves making a criminal record inaccessible to the public, though it remains on file with law enforcement and certain agencies. This means that while the record is hidden from most background checks, it can still be accessed in specific circumstances, such as by law enforcement or for certain legal purposes.
Eligibility for Expungement or Sealing
Not all criminal records are eligible for expungement or sealing. Eligibility depends on various factors, including the nature of the offense, the time elapsed since the conviction, and whether you have fulfilled all the terms of your sentence. Common eligibility criteria include:
Time Passed: There is typically a waiting period before you can apply for expungement or sealing.
Completion of Sentence: You must have completed all aspects of your sentence, including probation, community service, and restitution.
Nature of the Offense: Some offenses, especially violent crimes or sexual offenses, may not be eligible for expungement.
How a Lawyer Can Help
Navigating the expungement or sealing process can be complex and requires a thorough understanding of legal procedures. An experienced criminal defense attorney can assist you by:
Assessing Eligibility: Evaluating your criminal record to determine if you meet the criteria for expungement or sealing.
Preparing and Filing Petitions: Handling the preparation and submission of all necessary legal documents and petitions.
Representing You in Court: Representing you at any required court hearings and advocating on
If you’re interested in obtaining an expungement, contact Brinkley Law today at 317-643-1813 for a free consultation.
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