Frequently Asked Questions
Find answers to common questions about expungement, record sealing, and the process of clearing your criminal record. If you don't see your question answered here, please contact us for more information.
What is expungement?
Expungement is a legal process that allows individuals to clear or seal their criminal records from public view. When a record is expunged, it is typically removed from public databases and cannot be accessed through standard background checks. This can help individuals overcome barriers to employment, housing, education, and other opportunities that might otherwise be limited by their criminal history.
Who is eligible for expungement?
Eligibility for expungement varies by state and depends on several factors, including the type of offense, how much time has passed since the conviction or arrest, whether you've completed all terms of your sentence, and your subsequent criminal history. Generally, non-violent misdemeanors and some lower-level felonies may be eligible for expungement after a waiting period. Some states have expanded eligibility in recent years, so it's important to consult with an attorney even if you previously weren't eligible.
What's the difference between expungement, sealing, and pardons?
Expungement typically results in the removal or destruction of criminal records, making them unavailable to the public. Record sealing restricts access to your criminal record but doesn't destroy it—certain government agencies may still access sealed records. A pardon is an official forgiveness of a crime by the state or federal government, but it doesn't necessarily remove the conviction from your record. The terminology and processes vary by state, so it's important to understand the specific options available in your jurisdiction.
How long does the expungement process take?
The expungement process typically takes between 3 to 6 months, though it can vary significantly depending on your location, the complexity of your case, and the current backlog in the court system. Some jurisdictions may process expungements more quickly, while others might take up to a year. Your attorney can give you a more accurate timeline based on your specific situation and local court conditions.
How much does it cost to hire an expungement attorney?
The cost of hiring an expungement attorney typically ranges from $1,000 to $2,500, depending on the complexity of your case, your location, and the attorney's experience. This usually includes attorney fees, court filing fees, and other administrative costs. Many attorneys offer payment plans or sliding scale fees based on income. Some jurisdictions also have legal aid organizations that provide free or low-cost expungement services to qualifying individuals.
Will expungement completely erase my criminal record?
Expungement doesn't completely erase all traces of your criminal record in most states. While it removes your record from public view and standard background checks, certain government agencies and law enforcement may still have access to the expunged records. Additionally, some specialized background checks for sensitive positions may still reveal expunged records. However, for most employment, housing, and educational purposes, you can legally state that you have not been convicted of the expunged offense.
Can I expunge multiple convictions?
Yes, in many jurisdictions, you can expunge multiple convictions, but there may be limitations. Some states restrict the number of expungements you can receive in a lifetime or require longer waiting periods for multiple offenses. The eligibility of each conviction must be evaluated separately, as different types of offenses have different expungement requirements. An experienced expungement attorney can review your entire criminal history and develop a comprehensive strategy for addressing multiple convictions.
Do I need an attorney to get my record expunged?
While it's technically possible to pursue expungement without an attorney in most jurisdictions, having legal representation significantly increases your chances of success. Expungement laws are complex and vary by state, and the process involves precise paperwork, court appearances, and knowledge of local procedures. An experienced expungement attorney can navigate potential obstacles, ensure all requirements are met, and advocate effectively on your behalf. Many people who attempt to handle expungements on their own face delays or denials due to procedural errors.
What happens if my expungement petition is denied?
If your expungement petition is denied, you typically have several options. You may be able to appeal the decision, address the issues that led to the denial and refile your petition, or wait until you meet eligibility requirements (such as a longer waiting period). The specific options available depend on the reason for denial and your jurisdiction's laws. An attorney can help you understand why your petition was denied and develop the best strategy moving forward.
How will expungement affect my immigration status?
Expungement can have complex implications for immigration matters. While expungement may clear your record for most domestic purposes, U.S. immigration authorities often can still see expunged convictions. For immigration purposes, an expunged conviction may still be considered a conviction in certain contexts. If you're not a U.S. citizen, it's crucial to consult with an attorney who specializes in both expungement and immigration law before proceeding with an expungement petition.
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