Complexities of Criminal Record Expungements
If you have a criminal record, you may have heard about getting convictions removed from your record. The process is referred to as expungement. Several factors can determine whether or not certain convictions can be removed. These factors vary by state and the determining factors are determined by laws set forth by the state legislature. This is something that individuals cannot override. The laws governing expungement can be difficult for most individuals to understand because they contain legal jargon. This is why it is ideal for any individual interested in getting a criminal record expungement attorney and seek legal advice.
The following points represent why the services of criminal attorneys are best for expungement interests.
Qualifications
The factors that affect whether an expungement will be granted vary. Some states qualify based on the length of time that has been passed since the offense. Others have guidelines regarding if other offenses have occurred since the conviction. Individuals who are on probation or parole should get legal advice about whether it is a good idea to proceed with the expungement request or wait.
Documents
Some documents must be submitted to courts to start the expungement process. Erroneous or incomplete documents could be denied by the courts. This could result in a waiting period before a new request can be made. Sometimes it is difficult to locate documents that will be needed for the court proceedings. Older court records may require a different approach if the jurisdiction did not transfer their old records to digital format.
Contesting
Requesting an expungement can involve more than making the request. Depending on the nature of the offense, civilians may contest the expungement. This can happen if the offense is related to damaged property or a similar offense. It is also possible for the state's prosecutor overseeing the case to contest the expungement. Their objections could cause a judge to deny the request for expungement. An attorney will know how to create rebuttals and possibly provide favorable reasons to grant the request. Even if your case is not contested and you meet the legal qualifications, a judge could still deny the request.
An attorney is a good resource to use to navigate the legal system if you are interested in an expungement. They will know the laws in your state and can advise you of which criminal acts can be expunged. Their services can save you time and ensure that the process is done correctly if there are items listed on your record that are eligible for expungement.
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