When Expungement of Criminal Records Can Be Requested

Expungement of criminal records refers to the removing of police and court records of your conviction from public access. Your records will not be physically destroyed but will be sealed and made confidential.

Eligibility

You can request for expungement of your criminal records if you meet the eligibility criteria. Expungment is regulated by state law. The eligibility criteria vary from state to state. Generally you must be a first time offender. If you have any criminal charges pending against you, you will be ineligible. You cannot request an expungement immediately upon conviction. A certain time period as prescribed by state law must pass from the date of conviction before you can request for an expungement. Another requirement for requesting expungement is that you must have been rehabilitated.

Procedure

You must file your petition for expungement in the county court on the prescribed form which is available with the court clerk. You must provide details of the conviction including the case number and the date of offense, arrest and conviction. The county court will forward your petition to the State Attorney’s office and police department. If neither of them objects to your petition, the court will pass an order to expunge your criminal record. If either of them objects to your petition, then the county court will schedule a hearing on your petition. At the hearing you can counter the objections and convince the court to expunge your records. If the court orders expungement, then your papers will be forwarded to the State Bureau of Investigation. The State Bureau of Investigation will conduct an extensive criminal records check throughout the state. The county court’s administrative office will check if you have successfully expunged a criminal record in the past. In many states you can request expungement only once in your lifetime. If everything is in order, the court will direct expungement of all court and police records of your conviction. All law enforcement agencies that have records of your conviction will be directed to expunge their public records. Unless you hear from the custodian of records in your state that your record has been expunged, do not assume that your records have been expunged.

Benefits

There are many benefits of expunging a criminal record. Your record will not show up every time a background check is done on you. So you will find it easier to get a job or to rent an apartment. You will be able to apply for many professional licenses that persons with a criminal record cannot apply for. The police cannot use your expunged records to enhance any future charge.

Getting Legal Help

If you have a criminal record, consult with an experienced criminal defense attorney. The attorney can study your case and let you know if you can request expungement of your criminal records.