Anyone can be charged with a crime. However, the justice system in the country has a way of vindicating the innocent. If you have been convicted of a crime, and served your sentence, life can be challenging once you’re released from prison. This is because getting a job or renting a house can be next to impossible. When potential employers and landlords run a criminal background check, they will learn about your criminal history and reject your application. It is sad that even after paying for your crime, society still punishes you further throughout your life. In a bid to help ex-convicts to start life afresh, and on a clean slate, the government has made it possible for people with a criminal history to expunge their record. After the criminal record expungement, you can honestly say that you have a clean record. This will improve your chances of getting a decent job and renting an apartment among other things.
How to Expunge Arrest and Conviction Records
Expungement is simply the process of sealing your arrest and conviction records. When sealed, the public cannot access your criminal history. This means that when employers and landlords run a background check, your record will come up as clean, and this will improve your chances of getting the job you want or having your tenancy application approved.
Eligibility
It is important to note that only arrests and misdemeanors can be expunged. Felony convictions cannot be expunged unless they were committed by a juvenile. Drug convictions can be expunged. Only first-time offenders can have their record expunged. However, they must first complete their sentence and maintain a clean record for at least a year before applying for expungement.
Step 1: Hire a Criminal Defense Lawyer to Help You
When dealing with any type of legal issue, it is always a great idea to hire an experienced legal practitioner to help you wade through the red tape and legal jargon. The first thing your lawyer will do is check if your defense lawyer discussed the possibility of expungement with the prosecutor during your conviction. The lawyer will also help you determine if you are eligible for expungement.
Step 2: File a Motion for Expungement
If you are eligible, the next step is to obtain application forms from your local courthouse and fill the forms. As with any other type of motion/petition, there is an application fee, which you must pay. The court will then process your paperwork.
Step 3: Attend the Court Hearing
Once your application has been processed, a court date will be set for the hearing of your motion. This is simply a formality. The judge will then expunge your record.