No one wants to be judged by their worst mistake. Most mistakes are
solvable and do not burden individuals for a prolonged period of time.
However, having a criminal conviction on your record can be a mistake
that lasts a lifetime. Potential employers and landlords can search
your criminal record and find most prior criminal charges and
convictions. The result of this can cost you a job or a place to live.
For some convictions, however, there is a solution: expungement. If you
receive an expungement, your conviction is sealed and is not viewable
by the public. For employers and landlords, it’s as if the conviction
never existed. That’s why a judge Landon appeared in front of recently
called expungements “legal magic”. However, if you get an expugement,
your record is not completely gone. Law enforcement and immigration
agencies can still see your record.
Some convictions (like DWI’s) cannot be expunged. For most other
convictions, you must provide the court with the following things if
you want an expungement:
- Case number of the charge you want to have expunged.
All residence addresses from date of conviction.
- A statement about why you want an expungement.
A statement about how you’ve changed since your conviction.
All criminal charges.
The name of victim (if any).
After you fill out the necessary paperwork, you need to pay a filing
fee for the expungement. The fee varies by county, but usually costs
around $320. The next step is an expungement hearing, which is set at
least 63 days from the filing date. If the judge grants your
expungement, you have to wait another 60 days from the hearing for your
criminal record to be sealed.
As you can see, getting an expungement is a complicated and lengthy
process. On top of the paperwork mentioned above, you must notify 10 to
16 city, county, and state agencies of your expungement request. The
notification gives the agencies notice of your request and gives them a
chance to object to it.
Don’t let a mistake define who you are to potential employers and
landlords. At Ascheman & Smith LLC, we can help you navigate this
maze and assist you in getting a charge or conviction expunged.
Grant S Smith, Esq.
(B) 612.217.0077 (C) 651.357.5990 (F) 651.344.0700
Thu, January 21, 2010
by Grant Smith filed under