What are the Ways to Expunge Arrest Records?

Usually, when punishments are given to a conviction, the time period and the intensity of the charge depend on the conviction. Many individuals who commit convictions aren’t aware of the consequences that an arrest can actually bring. Actually, an arrest can damage the identity of the individual and make you ineligible for certain public benefits. However, there exists a way to hide an arrest record for certain crimes. That is called expungement. To expunge arrest records, there are explicit laws in each state. Some laws even differ by counties.

Before getting into details of record removal, you will have to get an idea of the limitations of expungement process.

Suitability factors for Expungement

  • The majority of the states do not permit expungement for certain crimes. You cannot acquire expungement for a second offence other than the current criminal record. That means, you can generally get your criminal record expunged only if the conviction is committed for the first time
  • The Jury that handles the case to be expunged will expect the completion of the try-out period, full payment of penalties and the end of all charges.
  • While you are in the period of probation, you must not have intervened in another offence.
  • Every condition of the punishment must have been met.
  • Many a time, you must understand that a brutal conviction such as a Felony has lesser chances of expungement.

What happens if you haven’t expunged records of crime?

If you do not expunge your criminal record, you may not be able to place yourself in an employment or get a license from the public agencies. While hiding your criminal record, you are posed as an individual of perfection, not having engaged in any of the criminal activities in your past. To put it in simple words, your arrest or conviction is not publicized when the employers search for your conduct in a public search. There is a definite deviation when it comes to record search that is done from a public agency. Certain secretive agencies encompassing positions in the facet of security and human welfare will be able to access your expunged criminal record. So, in such cases it is better to be open to say that you have a criminal record hidden.

How to expunge your record?

  • As already explained, the decrees of record removal vary from state to state. Most people advise on taking an attorney’s assistance while submitting an application for expungement. That is a safer option because if you have committed elsewhere, which does not confine to the borders of the state, a lawyer’s help can ease each step of expungement.
  • Firstly, you must obtain a photocopy of your criminal trace. However, it is taxing and should be carried out carefully. To get the copy, all you have to do is to provide the respective court with thumbprints. After that, you will get the copy of your arrest records
  • An arrest record contains details about your conviction, the social security number, license if any, the mugshot and relevant information about the arrest and previous encounters if found. To get the arrest record relating to a Federal agency, you must contact the FBI through your attorney or the courthouse that handles your case.
  •  An arrest record removal depends only on the category in which the conviction falls.  Any requisite must clearly be understood after talking to an attorney.
  • Proceeding the phase of analyzing limitations, you must file a plea for expungement. The plea is a decision which confirms that you are eligible for expungement. As an instance, to expunge arrest record, California the conviction must have happened within the county and if the convict faced a charge or sentence in the state prison, the probabilities of expungement are very less.
  • The attorney if you hire, will help you in stating laws of the state which support the act of expungement in the plea that is filed. Most of the times, a plea is as short as fitting just a page. To prioritize the plea, you should make the reasons look strong.
  • You must then submit the plea to the relevant court which is about to conduct the case inquiry. Once done, you may also take copies of your forms to be circulated to public agencies which may hold your arrest record.
  • From there, the court clerk, who is in charge of informing you the inquisition dates, gets back to you. By attending the inquiry, you should be able to present yourself in a position to clearly explain the reasons behind claiming expungement.
  • If the judge decides to grant expungement, the record will be removed from public sight.  On denial of expungement, you may have to work again on specific areas of the plea which the Judge might not agree with.

By taking steps to expunge arrest record, you may legally be out of trouble and lead a life of recuperation.

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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