Expungements

If you are convicted of a crime, it can have adverse effects on your legal rights, economic opportunities, and social situation and make it difficult to move forward in your life. Because the law often imposes time limitations, it is important that you consult an attorney as soon as possible after a conviction to determine whether your criminal records can be expunged.

These are a few of the many situations where a criminal record can make your life harder:

• Voting
• Jury Duty
• Child Custody
• Holding Public Office
• Credibility as a Witness in Court
• Acquisition and Possession of Firearms
• Bank Loans
• Job Interviews
• College Applications
• Professional Licensing
• Military Enlistment
• Applying to Clubs and Civic Organizations

What is Expungement?

Expungement or sealing of a criminal record is a short legal process that clears criminal convictions from a person's record. A legal action is filed with the court in which the conviction occurred requesting that the conviction be reversed, set aside, or dismissed. This process applies to most misdemeanor and minor felony cases; there are other ways to set aside a conviction for serious felonies. Note: Not all convictions can be expunged.

How Long Does an Expungement Take?

Misdemeanors: Most expungements for misdemeanors take 2 to 4 weeks to complete after the application is filed. This does not include the time it takes to research and process the application. The more prepared you are with information (dates, charges, court location, etc.), the faster the court can process your application. If it is necessary to search the court records for this information, it may take longer.

Felony expungements and reductions to misdemeanors: Most expungements of felony convictions generally take 4 to 6 weeks to complete after the application is filed. This is called a Certificate of Rehabilitation. Some felonies that cannot be expunged can be reduced to misdemeanors, which also takes 4 to 6 weeks. Again, this assumes you are prepared with the required information; a search of court records will take significantly longer.

Sealing of juvenile records: Depending upon information received and court location, it can take 2 to 6 weeks to seal a juvenile's record.

If you have been convicted of a crime and are interested in filing for an expungement, contact Mehlman TerBeek LLP today at 925-935-3575.