When you are arrested or charged with an offense, a criminal record is created, even if the case is dismissed or you are found not guilty. Unless you take the steps necessary to petition the court, the record of the arrest and/or the charges remain on your permanent record. In fact, sometimes these criminal records can be accessed by the public, including your family, friends, employers, trade organizations, banks, and credit agencies. To have your record erased or hidden you must file a Request to Expunge and/or Seal Criminal Records with the court and have a judge approve your Request. There are 3 ways to clear your criminal record: (1) expungement, (2) sealing, or (3) clemency.
An expungement essentially “erases” arrests and court supervisions from your criminal record so it is as if they never happened. Once an expungement is granted, all records of your arrest and charges will be removed from public criminal records and are destroyed. No one, not even law enforcement, will be able to access the expunged records and use them against you. This can be extremely beneficial when you apply for a job, an apartment, a professional license, or any other application that requests information regarding whether or not you have ever been charged or arrested for a criminal offense. In fact, after your record has been expunged, you can answer “no” to any such questions on these types of applications.
However, it is important to know that not all offenses are eligible for expungement and certain things in your history could make you ineligible for expungement. Specifically, if you have any pending criminal charges that will prevent you from being eligible for having a prior arrest or charge expunged. In addition, any sentences that you have not yet completed, including parole, probation, or court supervision will also make you ineligible for expungement. In addition, there is either a two or five-year waiting period from the date of satisfactory termination of eligible court supervisions and qualified probations.
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