Removing an Arrest Record when Innocent For a Crime

Unfortunately, despite the best attempts to follow constitutional rights and protections afforded to all Americans, there may still be cases of convictions of crimes when innocent.  When this occurs, there are processes in which the conviction may be overturned and the criminal record may be erased or expunged.

Overturning a Wrongful Conviction

To be convicted of a crime, a jury must find you guilty beyond a reasonable doubt.  Once convicted, the appropriate sentence, based on Federal Sentencing Guidelines, will be applied.  When a wrongful conviction occurs, it is generally due to mistaken identity, false or coerced confessions, or inadequate performance on behalf of police authority or even legal representation.  Any of these factors that may have contributed to a wrongful conviction may be grounds to have the conviction overturned.  Following a wrongful conviction, there is a process available to have the wrong corrected:

• A trial judge can review the conviction and sentencing to ensure that all proper steps were followed and relevant factors were considered.
• The court system allows for an appeals process so that all arguments may be considered further.
• The final step is to appeal to the state supreme court or a higher court if necessary.

Removing a Record from a Criminal History

Any record of criminal convictions may have a permanent effect on an individual’s future, specifically when pursuing a job opportunity or applying for a professional license, or seeking financial assistance.  The effects may be more profound when the criminal record is for a crime the individual did not commit.  When a criminal record is expunged, or erased, there will be no evidence that the crime ever occurred.  This will not apply, however, if the crime is related to sexual or child abuse.  Essentially, the individual can legally swear on a job application or otherwise that they have not been convicted of a crime.

Criminal records that can be expunged

Whether or not a record can be expunged will be based on the jurisdiction of the crime.  Some states do not allow records to be expunged while other states only allow records to be expunged under certain circumstances.

When criminal records can be expunged

The responsible jurisdiction where the crime occurred will determine when a record can be expunged.  This also varies by state and the type of crime may limit the possibility of expungement.  In some states, this can only be done after completion of the sentence.

How criminal records can be expunged

The individual convicted of the crime must request an expungement to the court.  Once this occurs, there is an application and approval process

Getting Legal Help

If you or someone you know have been convicted of crime that you did not commit, it is imperative that you seek legal help immediately.  A criminal record will affect your future permanently, whether personally, professionally or emotionally.  A criminal attorney experienced in removing an arrest record when innocent for a crime will have the expertise in the reversal and expungement process necessary to remove any evidence of a crime in which you did not commit.