Expungement of Records is Possible – Here is How

When you consider getting an expungement of your records, duration for the whole process comes to mind. The expungenment of criminal records entails the re-opening of a case file and changing the individual’s status from to dismissed, without guilt. The primary condition in many states to apply is that you should be a first-time offender and not have a case prior to this. Next, a defendant needs to be prepared for the waiting period before applying for expungement of records. He or she needs to have completed a probation period (normally given by the court). Some states expect defendants to wait up to five years to expunge their criminal records.

When appearing in the court before the judge, one needs to have some proof of their future plans. For instance, in the case of education, one needs to show academic certificates, application to the prospective university and other relevant documents to prove that he or she wants to do higher studies.

Post the waiting period

The next step begins once the waiting period is over. First, a petition needs to be filed in the court that has an affidavit and motion and a judge reviews the petition. Legal procedures differ in every district court by serving a paper to a district attorney or preparing a legal document to be signed by a judge. The total time for getting the criminal record expunged depends on the seriousness of the conviction, which could take up to six months too.

Probation period could be shortened upon a request to the judge. If you have paid all the required fine amounts, attend reformatory classes as per court orders and have served up to 50% of the probation period, then the judge might consider allowing you to apply for expunging your records.

Expungements & background checks

Post the 9/11 attacks and increased episodes of internet hacking into major companies,  criminal background checks are being run on prospective employees. Even petty crimes are taken seriously these days and hence, the danger of criminal records resurfacing and hindering prospective employment.  So, the expungement of records has become the need of the hour.

If you are successful in criminal record expungement, background checks by your prospective employer will not reveal your criminal past. This will help you find a job of your choice and the one you deserve.

Background check in expungement of records

So what exactly do employers do while running a check on your background. While checking your past history, a wide range of things are covered by a prospective employer viz., driving records, vehicle registration and criminal records. Apart from criminal records, they also check your financial background and history:

  •  Credit card records

They can check if you have made all the payments on time and a foreclosure has been done.

  • Bank records   

Employers check if you have been a loan defaulter. The bank balance records give a fair idea of your lifestyle and cost of living.

  • Properties you own   

A background check shows whether you have legally or illegally bought, and owned these properties.

  • Earlier court records

If you have received court summons before or if you are on trial. They will check if there are any pending cases registered against you in the court.

  • The last company you worked in

They will verify details (given by you) about the last organization that you worked for, last drawn salary and the reputation of the workplace

Expunction records

In the state of Texas for example, expunction is another word for expungement of records.  This state allows you to clear an arrest record, which did not result or lead to a conviction or community supervision.

While there are some convictions that can never be cleared, for instance, if a driver’s license is suspended.  Your eligibility to expunge a record is contingent on these factors:

  • If the charges were never filed
  • The charges were filed, but later dismissed
  • There was an acquittal for all charges
  • A pardon or relief was granted
  • If you have not been tried and the prosecutor has recommended an expunction.
  • Last but not the least, you need to have successfully fulfilled all terms and conditions in the Petition for Expunction of Criminal Records (Texas).

About Angela

Hello, Cyber world! I currently work as the Web Content Editor for the Expunge Center page and through my whole life writing and blogging has been in my Top priorities.

Leave a Reply

Your email address will not be published. Required fields are marked *