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Clients’ Rights

Post-conviction relief: Expungement

On Behalf of | May 9, 2022 | Criminal Defense |

When the courts sentence you for a crime, that crime will follow you for the rest of your life. Fortunately, there are a few things that you can do to mitigate the long-term damage that a criminal record creates.

Even if the police arrest you for a crime and you win the criminal case, that arrest may remain on your record for decades. Learn about expungement as a form of post-conviction or arrest relief.

What is an expungement?

An expungement is the clearing and isolating of your criminal file within any court, detention facility or law enforcement agency. It clears or isolates:

  • Arrest records
  • Detention information
  • Trial information
  • Apprehension

Although a deep background check may indicate that you have had your record expunged, pre-employment and standard background checks should not show it.

How does expunging your crime help you?

An expungement improves your chances of obtaining credit, employment or finding a home. If you have a criminal conviction, you may not be able to obtain these services.

What are the chances the courts will expunge your record?

Obtaining an expungement depends on your crime, your criminal record and your current criminal charges. Certain crimes are not eligible for expungement, such as:

  • Kidnapping and similar offenses
  • Criminal Homicide
  • Sexual assault and Aggravated Criminal Sexual Contact
  • Child Pornography
  • Robbery
  • Arson
  • Endangering a child
  • Perjury and False Swearing
  • Terrorism

There are more, but you will need to find out you if are eligible by looking up the individual crime.

During this complex process, you will need to apply, fill out all relevant motions and forms, gather information, and go before a judge. If you plan on entering a career or finding a home that requires a background check, an expungement is the way to go.