What
is an “expungement”?
“Expungement” is a legal procedure. It allows
eligible and deserving individuals to have any and all records
relating to their criminal charges removed, both from public
records and those of law enforcement agencies.
What types of criminal charges are eligible for “expungement”?
The law provides that any criminal charge, with the exception
of a “crime of violence”, is eligible for expungement.
The law defines a “crime of violence” as follows:
murder, manslaughter, first degree arson, kidnapping with intent
to extort, robbery, larceny from the person, first degree sexual
assault, second degree sexual assault, first and second degree
child molestation, assault with intent to murder, assault with
intent to rob, assault with intent to commit first degree sexual
assault, burglary, and entering a dwelling house with intent
to commit murder, robbery, sexual assault, or larceny.
Anyone convicted of a “crime of violence” is
ineligible for “expungement”.
Who is eligible to have their criminal record “expunged”?
Anyone who is a “first offender” is eligible to
have their criminal record expunged.
The law defines a “first offender” as follows:
a person who has not been previously convicted of or placed
on probation for a felony or a misdemeanor and against whom
there is no criminal proceeding pending in any court.
Anyone convicted or placed on probation on more than one occasion
is ineligible for expungement.
How long do I have to wait to have my criminal
record “expunged”?
For misdemeanors - (5) years after the successful completion
(no intervening convictions, probation, or pending cases) of
your sentence and/or probation.
For felonies - (10) years after the successful completion
(no intervening convictions, probation, or pending cases) of
your sentence and/or probation
Who determines if I am eligible and deserving
to have my criminal record “expunged”?
Whether you are eligible and deserving of an expungement must
be determined by a judge of the court that originally heard
the case.
As mentioned previously in order to be eligible to have your
criminal record expunged you must be a “first offender” and not have been convicted of a “crime of violence”.
The law also requires that in order to have your criminal
record expunged you must be deserving of it. That is, you must
be able to demonstrate to the court’s satisfaction that
you are of good moral character; have been rehabilitated and;
the expungement of your criminal record is consistent with
the public interest, proof of which can include but is not
limited to the following:
o Regular employment and financial and other support of family
o Successful completion of substance abuse and/or mental health
counseling.
o Community or other public service
o Professional certification or licensing in field of employment
o Otherwise eligible for induction into the armed forces of
the United States
How do I go about having my criminal record “expunged”?
By filing a motion to expunge with the court.
Some but not all courts have blank motions to expunge that
you can fill out and file with the court yourself. The court’s
Clerk’s Office may be available to assist you with completing
the necessary paperwork including scheduling the motion for
a hearing and giving you the date that it will be heard by
the court.
After filing the motion to expunge you are required to
give notice of the date that it will be heard by the court
to the
Department of Attorney General and the police department that
originally brought the charge.
On the day that your motion to expunge is heard by the court
you should be prepared to provide the following information
about yourself to the judge hearing the motion:
o Have not been convicted or received probation for a “crime
of violence”
o Are a “first offender”
o Possess good moral character
o Have been successfully rehabilitated and
o The expungement of your criminal record is consistent with
the public interest
If your motion to expunge is granted, the court will provide
you with copies of an order requiring that any and all records
relating to the expunged case be deleted from the public record.
A copy of this expungement order should be mailed to the
Department of Attorney General and any other law enforcement
agency known
to have copies of these records.
Although in some but not all expungements the assistance of
a lawyer may not be necessary, you are entitled to be represented
by counsel. If you cannot afford private counsel the Office
of the Public Defender may be able to assist you.
What are the practical effects of having my criminal
record “expunged”?
With certain very limited exceptions, any person having his
or her record expunged shall be released from all penalties
and disabilities resulting from the crime of which he or
she had been convicted
Again, with certain very limited exceptions, in any application
for employment, license, or other civil right or privilege,
or any appearance as a witness, a person whose conviction
of a crime has been expunged pursuant to this chapter may
state
that he or she has never been convicted of the crime.
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