Record Expunging Process

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What is the Record Expunging Process?

The record expunging process may be available for certain past-time offenders who are eligible.  This includes persons who have completed their sentencing requirements, paid off any court fines, and have conformed to probation requirements. 

The record expunging process allows the person to have their criminal record cleared of past convictions, thus granting the person a new start.  Record expunging is fairly common for minor misdemeanor offenses and DUI charges.

Is the Record Expunging Process automatic?

The record expunging process is not an automatically granted option.  In most cases, the person needs to file a specific request with the court in order to have their record expunged.  They must also present evidence in support of their eligibility for expungement.   

Record expunging usually becomes available only after a certain waiting period has passed from the person’s last conviction.  In most cases, this is usually anywhere from 5 to 10 years after the conviction.  Until that time, the convictions can’t be expunged from the person’s record.  

Are Juvenile Records Automatically Sealed?

No- juvenile records aren’t always sealed automatically once a minor turns 18.  In most states, a person simply becomes eligible for record expungement when they reach the age of majority.  They would still have to file a request with the court and undergo the record expunging process in order to have their juvenile record sealed. 

Do I need a Lawyer for help with the Record Expunging Process?

The record expunging process requires evidence and proof of eligibility.  You may need to hire a lawyer for assistance with record expungement.  Your lawyer can guide you through the expungement process and can help ensure that your rights are being protected under state laws.  Also, your attorney can provide you with representation if you need to make a formal court appearance. 

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Last Modified: 05-01-2013 12:22 PM PDT

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