A criminal record can be a huge burden. Not only does it carry a stigma, but it can also make it difficult to obtain employment, enroll in higher education, or build credit. Depending on the crime, some people can have their records legally expunged. Keep reading to find out if you’re one of them!
An expungement is the sealing of all court and police records that have to do with a certain criminal case. The records are not destroyed, but public access to them is extremely limited.
When a record is expunged, a person can:
- legally deny the existence of the record;
- not be denied permits, licenses, or employment based on the expunged record; and
- expunge any DNA profiles that have to do with the criminal record.
Eligibility for Expungement
You can petition for an expungement if any of the following are true:
- you were acquitted of a crime;
- the criminal charges against you were dismissed;
- the prosecution voluntarily dismissed all charges;
- someone else committed a crime using your name or personal identification information; or
- you received a pardon.
To be eligible for a record expungement you must maintain a claim of innocence for the duration of your case. You can also receive an official pardon from the state.
A pardon can be obtained in 1 of 3 ways:
- simple pardon: the state officially forgives your crime;
- conditional pardon: an imprisoned individual may receive an early release;
- absolute pardon: the state officially recognizes your innocence.
Application for Expungement
To file a petition for expungement, you must first submit an application, which will include:
- your case number;
- your address;
- your full name at the time of arrest;
- your date of birth;
- name and number of the charge you would like expunged;
- a description of the charge;
- a copy of the arrest warrant; and
- the date of the final disposition of the charge.
Record Expungement Attorneys
At The Law Offices of Daniel J. Miller, our attorneys can help you erase your criminal record and get your life back on track. We have extensive experience with expungement cases and can provide expert legal advice and representation.