How can I qualify for record Expungement?

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Question:

How can I qualify for record Expungement?

Answer:

Each state has different rules regarding what qualifies for record expungement and how a person can qualify. There are, however, some general commonalities among the different states:

  • In most states, you may be eligible to have your records expunged when you reach adulthood if you were a juvenile when the given crime was committed
  • In most states, there is a waiting period before you may have your records expunged. For example, you may have to wait for a 5 year period of time after your last involvement with the court for a misdemeanor before your record can be expunged
  • Generally, you will need to have had no further trouble with the law in the time between the incident that you want expunged and your request for expungement
  • You must have completed all the requirements of your sentence, including the term of probation, to be eligible to have your record expunged
  • The crime must not fall into certain categories of violent crimes, such as murder, rape or sexual offenses against minor children
  • You must petition for expungement with the appropriate court. In most states, you also have to notify the law enforcement officials who were involved in arresting you for the crime you wish to have expunged and these individuals must be given the opportunity to object
  • You usually have to notify each individual law enforcement agency with your records about the expungement and provide a copy of the judge's order.

Some states, however, do not even have the a process of expungement available. In such states, you can instead petition to have your record sealed. 

To get help determining whether you can get your record for your specific offense expunged in the state where you live, you should strongly consider speaking with a lawyer for help.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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