Expungement is sometimes referred to as expunction, or “setting aside” a criminal conviction. The court-ordered process of expungement “seals” the legal record of a criminal conviction or an arrest, thus “erasing” it, generally speaking. This procedure varies by state and county – individual states, such as NY, do not allow expungement of a criminal conviction.
Your Rights After Expungement
Once the expungement is complete, you need not disclose that information either on a job application, to an educational institution, or on an apartment rental application.
Although not a federal mandate, considering the momentum, and adoption of the “Ban the Box” practice is a decision on the city, county, or state level. This practice removes the question of whether “you have ever been convicted of a felony” from job applications and a public record or background check should no longer unveil that information.
Knowing your rights and keeping up with new legislation can get complicated. That is why you need Judith Sampson, Attorney at Law; Ms. Sampson has prepared numerous expungement proceedings and is current in all aspects of the laws affecting criminal conviction records and your rights.
Ms. Sampson will vigorously advocate for you to get your conviction sealed and out of the public view, allowing you to start with a clean slate.
Who Can Access Your Expunged Information?
The criminal record or conviction is not actually dropped or erased– they still exist in the context of the criminal justice system and the criminal courts. Law enforcement and other government agencies continue to have limited accessibility.
Although the records are considered “under seal,” under specific circumstances, expunged convictions may still be taken into consideration as proof of a prior conviction.
In certain legal proceedings, for example, if you commit a crime after the record has been expunged, or during immigration/deportation proceedings, your sealed record may weigh into the processes as prior convictions.
The Expungement Process
Without question, the expungement process is arduous and complicated. First, all of the required documents to file with your petition needs to be obtained and delivered accordingly. The Order of Expungement needs to be prepared for a judge’s signature. Then there are the preparations for a court hearing where a judge decides whether to grant the expungement.
Different agencies must be notified; some jurisdictions require the prosecutor’s office to issue a formal Approval of Expungement before it can go to court; this may take effort to obtain. Every detail in the process is critical.
Factors Used to Determine Expungement Eligibility
Certain factors determine whether you get a criminal record expunged, including:
- Jurisdiction
- The nature of the charge/crime
- Amount of time that has passed
- Your criminal history
Why You Need a Criminal Defense Attorney
Expungement laws vary widely by different jurisdictions—each one has different requirements. Before an expungement is granted, those requirements need to be met. Attorney Judith Sampson will advise you on any requirements necessary in order to be compliant. Failure to meet the requirements of the expungement process can cause the charge to remain on your record.
Located in Minneapolis, Minnesota, Judith Samson, Attorney at Law, is a criminal defense attorney with over 20 years of litigation experience, having represented over 7,000 past clients and will provide you the most effective counsel in your expungement case.
Choosing the right criminal defense attorney could make the difference in getting your record expunged. If you have been arrested on drug charges, theft, assault or any other crime and want to get your record expunged, contact Judith Samson today and schedule a free consultation to review the merits of your case.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
