Having a criminal record can create many obstacles for a person. A criminal record can impact your ability to get a job, secure an apartment, regain custody of a child, qualify for certain professional licenses or exams, and can even take away your right to vote or travel freely.
For some of the above scenarios, it might not matter whether or not you were formally convicted. An application may still ask you to disclose a record of an arrest or criminal prosecution, which will have the same effect on these issues. Therefore, if possible, it is important to try and clear your criminal record.
Being able to remove a criminal charge largely depends on the circumstances in connection with the charge and the laws of your jurisdiction. The reason for this is because there are certain crimes that can never be cleared from an individual’s criminal record and removal is heavily dependent on the laws of each state.
In general, clearing a criminal record can be accomplished using one of two processes: either through criminal record sealing or expungement. If your records are sealed, it means the records still exist, but they cannot be accessed by employers or other persons. In contrast, if your record is expunged, then the charges or arrests will be erased as if they never happened.
When both the state laws and the type of criminal charge involved create the proper circumstances to permit record clearing, an individual may ask the court to erase a conviction from their permanent record. They do this by filing specific paperwork according to the procedures outlined in the laws of their state.
Once filed, the court will investigate your criminal history to determine whether or not you qualify for record clearing. Next, there is usually a hearing to assess this information. Although you may not always need to be present for the hearing, it is probably in your best interest to attend.
In the event that a court requests your presence, then you should contact a criminal attorney to appear with you at the hearing. You may need their assistance to answer questions that are asked by the court, or to represent and protect your interests.
If the court grants the request, then certain parties, such as the public, future courts, or law enforcement officials, may not have access to that information. There are certain limitations, however, where it might be necessary to disclose your criminal record despite having it sealed or expunged.
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To learn more order a copy of How To Clear Your Criminal Record click here
