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He or she knows your state's laws on expunging records and can obtain documents, file paperwork, and handle hearing requests for you-not to mention make the best possible case for you in front of the judge.WICKER PARK - Just in time for Saturday's Record Store Day holiday, the new massive Wicker Park Reckless Records has debuted in a former dollar store, and both workers and customers seem pleased with the new digs. These steps might seem daunting, which is why hiring a criminal attorney to represent you is a smart idea. After you file the paperwork and pay the fees, the court might automatically set your hearing date if not, you must request a hearing date yourself.Some states require a petition for expungement.Filing the appropriate paperwork and paying any required filing fees.Obtaining copies of your criminal record and any other related court documents.Your state might require a completed eligibility application.Determining whether your case is eligible for expungement.Regardless of your state, some steps you can expect to take include: Just like your eligibility requirements, your process to expunge your criminal record depends on your state's laws, and while you can file for record expungement yourself, your best bet is to hire a criminal attorney. Many states are more likely to expunge your record if it's a first-time offense and you've completed all requirements (such as jail time and payments of all fines) however, if you have multiple offenses on your record, expungement is unlikely.Also, misdemeanor crimes are more likely to get expunged than felonies.What was the crime? Often, states will expunge first-time drug offense records if you successfully complete an ordered drug or alcohol treatment program, but not more serious crimes such as weapons-based offenses.For example, were you a juvenile or adult? Many states are more apt to grant a record expungement to juveniles.Your age at the time of the conviction.Not only does a Certificate of Actual Innocence expunge a criminal record, but also it states that the record never should have existed in the first place.Įach state sets its own eligibility requirements however, these laws are generally based on: Thus, a Certificate of Actual Innocence is the highest form of record expungement. Remember, even if you're charged with a crime and found not guilty, you still could have a criminal record of that event. For a pardon, you must turn to governors, secretaries of state, attorney generals, and sometimes even the President.Īs the name implies, a Certificate of Actual Innocence is reserved for someone found not guilty of a crime. Generally, judges don't have the authority to issue pardons. When you receive a pardon for a criminal offense, it means you've been forgiven for that crime however, pardons show up as part of your criminal history right along with the conviction unless part of the pardon conditions state you can apply to have the record expunged. Sealed records still exist they're not accessible to the general public or via background checks, but certain entities (such as government agencies) can obtain a court order to access the records. Generally, though, sealed records differ from expunged records because Some states use different definitions for “expunged" and “sealed" records, and for the most part those definitions are similar. Record is no longer accessible to the public and you legally can answer “no" if asked whether you've been charged with or convicted of a crime. Way to make your criminal history or arrest record disappear (or, at least, a certain offense). However, depending on the criminal history and state laws, it might be possible to obtain expunged records. They hang around and-because of background checks-make it difficult for people to manage everything from finding employment and renting a home to applying for college and traveling abroad. Unlike certain minor driving violations (and the points they add to your driver's license), criminal records don't eventually disappear.