Fighting For My Reputation

Convicted of a Felony? How to Get Your Record Expunged

11 May 2017

Luke Warren

If you were convicted of a felony, it will follow you around for a very long time. A felony on your record can prevent you from getting a job, renting or buying a home, and many other things. After a few years, some employers may not consider a felony as heavily if you haven't been in trouble since then. Still, there is always a chance your record could prevent you from doing something you want to do. To help, you may be able to get your record expunged. Below is some more information about this so you can get started with the process.

Record Expungement

If you qualify for an expungement, your conviction and arrest records are sealed. Exactly how this works for you will depend on the state that you live in. This is because each state as its own set of rules that you have to follow to have your record expunged. This may be determined by your conviction and the circumstances of your arrest. Most states will expunge your record if you have a low-level crime and are a first-time offender.

Once your conviction or arrest is expunged, you do not have to disclose it to employers, landlords, banks, etc. It will be like you were never charged with anything. For example, if you apply for a job and you are asked on the application if you have ever been convicted of a felony you can answer "No." if a background check is done the felony record would not show on the report. 

Process of Expunging

Once you determine that you are eligible for record expungement, you have to submit a petition to the court. In the petition, you will list your crime and ask the court if you can have your record expunged. This petition has to be completely accurate or it could delay the process.

Once the court receives the petition, a hearing is set and the court will notify you of the day and time you are due in court. Not every state requires that you go to court but most do. At the hearing the judge will make the decision of expunging your record.

You should hire a criminal defense attorney to help you fill out the petition and to represent you in court. The attorney can present your case to the judge and give them reasons why they should approve the expungement. The attorney will also tell the judge what you have done to better your life since you were arrested.

A criminal defense attorney like Melanie Hammer Esq can increase your chances of being approved for the expungement. They can also go over this process with you in more detail.

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