Procedures to Expunge a Record with Ease

Every hour of every day a crime takes place somewhere in the US. Every offense has a punishment carried out by the legislative arms of the nation. The primary duty of law enforcement is to reduce the number of crimes  that take place and uphold the constitutional rights of every individual. In many occasions though, an ex-convict may not receive the same treatment that constitution calls for on behalf of every person in America. He might be denied open opportunities in society.  The process of removing a criminal record  is called expungement and, to expunge a record, certain rules have to be followed.

Every county and state has specified crimes that do not qualify for expungement. The state of California does not permit expungement for DUI very easily. Other states might easily allow for DUI expungement. Most laws to expunge criminal record are similar and the basis remains relatively the same throughout the procedure.

Understanding Expungement

An expungement is a court order which is filed as a petition. It is a request to the jury to remove the criminal record in order to restore privileges and acceptance that most other individuals natural enjoy. There are a few points to be addressed before submitting an application for expungement.

An expunged record is removed from most sources. It is not contained in the courthouse or at the State’s bigger courts. Only the FBI has the records stored. It is never possible to remove the records from FBI’s criminal record database.

Basics before Expungement

  • Expunging a criminal background will be possible only for offenses committed for the first time.
  • The convict is supposed to have carried out the trial period successfully without another intervening offense in it. If there are imposed fees and penalty to be paid before the end of the trial period, it has to be done.
  • If the crime committed falls under the classes which are not eligible for expungement such as mass murder, looting and sexual torture, there are no possibilities that a criminal record can be hidden. Such harsher types of crimes involving a death sentence or longer years of serving in the jail are called Felonies.
  • If the convict has had a tracked past of crimes, he might not be able to submit a plea for expungement based on the intensity of the crime.

Mugshots

A mugshot is typically a photograph attached in the criminal record. While performing a background search of the criminal, the results show the criminal’s image also. These days, there are lots of consumer complaints raising in the Internet based background searches. A classic instance is of an elderly woman who was accounted for a smaller crime and she got her record expunged before three years. Suddenly, when searching for some images of her on the web, she was shocked to find her mugshot on one of the websites. By releasing a statement that she’s totally upset by the sighting of the mugshot, she wanted the website to remove her mugshot as she has the proof that she has expunged her record. Most websites holding information of public record search are requested to constantly update on the criminal background of convicts.

How to expunge misdemeanor record?

  • To expunge a misdemeanor, the convict should order for the replica of his criminal background from the State Department of Justice or the courthouse or a lawyer.
  • The convict should schedule for an appointment with a criminal attorney to make sure the convict fulfills all the requisites for expungement. Every law of the state must be studied carefully to understand the effect of the misdemeanor.
  • Next, the forms are to be filled up for the respective conviction. Once that is done, the convict should get relevant information from the attorney regarding the number of copies of the conviction to be expunged.
  • The following step is to file a plea for expungement. Most of the times, filing a plea involves an expungement cost. In some instances, the cost of expungement can be nullified. If so, that has to be attached with the plea.
  • The court clerk usually notifies the date of inquiry for the expungement procedure. During the inquiry, the convict must explain clearly the necessities to expunge the record in a polite tone. The judge then works on the decision after completely analyzing the paperwork done by the convict and the attorney.
  • If the judge orders an expungement, the convict might get it usually within a time span of three to six months. When convicts want to expunge DUI record which does not include much destruction, the process wouldn’t be taxing. Most juveniles have an instant expungement when arrested for drug intake.
  • For Felonies, it could be a longer waiting period. To expunge felony record the convict must wait until all the charges imposed are complete and spend an addition of three years to apply for it. Cops keep a close eye on them. Felons are supposed to maintain a good conduct and only then they would able to apply for expungement. Most felons don’t have the eligibility to apply for expungement. Even if they are eligible, getting expungement will take a really long period.

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.

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