The Process of Expunging a Criminal Record
Getting charged of any serious offense can negatively impact your life in so many ways. From not being able to get a decent job to getting denied of a loan application, the string of inconveniences just goes on and on. Luckily, an expungement of criminal record can help you clear your name and get a clean slate.
A lot of people find it hard to understand what expunging of criminal record means. If you try to search online, you would notice that there is a quite a bit of misinformation regarding this term. Expungement is a term used to clear a criminal record. It is commonly used to describe the process of removing the non-conviction date from an individual criminal files.
In legal context, expungement refers to the act of removing a criminal record on file within any court or detention facility. This process is only applicable if the individual has not been convicted of any crime. This could be an arrest wherein no charges have been filed against the person or instances where an indictment was served but the charges were subsequently dismissed. Apparently, expungement of criminal record is not available in cases of actual conviction.
To expedite the expungement process, a request has to be made to the law enforcement agency that made the arrest. The office that keeps the official record should also be informed of such request. After accomplishing this legal process, the record is subsequently destroyed, which means it no longer exists in the database. In case of any subsequent arrest concerning a criminal charge, the law enforcement agency can decline the expungement request.
After the court enters an Order Vacating the conviction, the criminal charge is then removed from the person's record. While the court continues to hold criminal records, the charges no longer exist in the database. Sealing the file is not enough to remove or destroy a person's record. It can hide the indictment from public inspection, but the charges still exist in the court's file.
Once the request for expungement of criminal record is granted, the court can now permit the person to state that he has never been charged of any crime. This is specifically important when an individual is applying for a job or trying to obtain a loan from the bank or any financial institution. After the expungement process has been completed, the person can have a clean slate. His criminal files will show no record of any charges, whether minor or serious.
A lot of people find it hard to understand what expunging of criminal record means. If you try to search online, you would notice that there is a quite a bit of misinformation regarding this term. Expungement is a term used to clear a criminal record. It is commonly used to describe the process of removing the non-conviction date from an individual criminal files.
In legal context, expungement refers to the act of removing a criminal record on file within any court or detention facility. This process is only applicable if the individual has not been convicted of any crime. This could be an arrest wherein no charges have been filed against the person or instances where an indictment was served but the charges were subsequently dismissed. Apparently, expungement of criminal record is not available in cases of actual conviction.
To expedite the expungement process, a request has to be made to the law enforcement agency that made the arrest. The office that keeps the official record should also be informed of such request. After accomplishing this legal process, the record is subsequently destroyed, which means it no longer exists in the database. In case of any subsequent arrest concerning a criminal charge, the law enforcement agency can decline the expungement request.
After the court enters an Order Vacating the conviction, the criminal charge is then removed from the person's record. While the court continues to hold criminal records, the charges no longer exist in the database. Sealing the file is not enough to remove or destroy a person's record. It can hide the indictment from public inspection, but the charges still exist in the court's file.
Once the request for expungement of criminal record is granted, the court can now permit the person to state that he has never been charged of any crime. This is specifically important when an individual is applying for a job or trying to obtain a loan from the bank or any financial institution. After the expungement process has been completed, the person can have a clean slate. His criminal files will show no record of any charges, whether minor or serious.
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