Record Sealing or Expungement
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What Is Record Sealing or Expungement?
Whenever you have a conviction on your record, it can cause many problems in obtaining employment, professional licensing, and the right to vote. In certain situations, many convictions and records of arrest can be sealed so that they are off limits to all but law enforcement personnel.
Eligibility for Record Sealing or Expungement
Eligibility for record sealing varies from state to state, but generally the procedure is a follows:
- Apply for record sealing in writing with the court where the conviction occured
- The original sentence must have been served
- The person is not facing any new charges
- The burden is on the applicant to prove that probation requirements have been fulfilled
Additional Information about Record Sealing or Expungement
It is important to keep in mind that:
- Many felonies are not eligible for expungement
- Nearly every sex offense is not eligible for record sealing
- Expungement usually applies to juvenile offenses or misdemeanors
- In some states, even though records are sealed, the original sealed conviction may still be used to increase the severity of a future sentence.
Seeking Legal Advice
If you have any questions about record sealing or expungement, you should speak to a criminal defense lawyer immediately to learn more about the process in your state and what rights you have.
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Last Modified: 08-14-2014 10:13 AM PDT
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