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Having a Conviction Expunged

Expungement

The court-ordered process whereby a legal record is sealed from the public is known as expungement or expunction. The criteria and process for expungement varies by state. The conviction or arrest will be erased in the public arena meaning the offender does not have to report that the event occurred. This is extremely beneficial when filling out applications for jobs and housing. Through expunction, the individual is able to live normally in society. Even if an employer, landlord, or educational institution conducts a background investigation, the expunged conviction and arrest should not show.

However, the conviction is not completely gone. Certain government agencies such as law enforcement and criminal courts will be able to access the records. This type of limited accessibility is commonly referred to as under seal. The expunged offense will still be used in determining sentences for offenses that have occurred after the fact. This is especially true in immigration and deportation proceedings.

If a lengthy amount of time has elapse since the arrest, the event was not severe, and the criminal record is clean with the exception of the one offense, an applicant has the greatest chance of qualifying for expungement. Each state has their own set of rules to determine eligibility, and in general, sex offenses are not allowed to be expunged.

In the state of Texas, expungement is allowed of arrests in which the suspect was found innocent. In addition, class C misdemeanors may be expunged if they obtained deferred adjudication and community supervision has been completed. The defendant is permitted to deny an expunged offense in any situation except under oath. Expungement is not possible for an offense in which the defendant, pled no contest to, pled guilty, or was found guilty. However, if the defendant was granted deferred adjudication, there is a possibility of non-disclosure.

Expungement is not an automatic process. A petition or application must be filed to the appropriate criminal court given the jurisdiction. A judge will review the case and issue a ruling. In the majority of states, a fee will be charged as well.

The process can be confusing as it differs by jurisdiction. An applicant may need to deliver papers to the district attorney. However, other courts may require the applicant to prepare an Order of Expungement which is a document to be signed by the judge. Occasionally, a hearing is obligatory to determine whether expungement is to be granted.

If you feel your record qualifies for expunction, visit http://www.criminallawyerdenton.com for more information.

Joseph Devine

Article Source:
http://EzineArticles.com/?expert=Joseph_Devine

www.ExpungeRecordFlorida.com. Learn if you are eligible to seal or expunge your Florida criminal record. Remember, if you’ve ever been arrested in Florida, regardless of the outcome of your case – you have a criminal record.
Video Rating: 5 / 5

Question by Sweetie: What are the requirements for expungement in NJ?
I was convicted of fraudulent use of credit cards in NJ 5 years ago. I never had any convictions before that and haven’t had any since. I was ordered to pay restitution and I have done so.I also served 18 months probation. Can I have my record expunged? How do I do it?

Best answer:

Answer by WATCH DOG
When looking at this law you should note that any time limits do not start to run until you have completed your sentence, IE: Probation in your case.}{

How does New Jersey law define expungement?

According to New Jersey law, expungement “shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detention, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.”
What are the waiting limits involved?

(These times do not necessarily begin to run as of the date of conviction, but rather as of the last date in the case, i.e., probation end date, date fines paid, release from incarceration, release from Parole, etc.)

For Indictable Convictions – (Superior Court matters) – Generally 10 years, but only 5 years if the requirements of the 2010 changes to the Expungement law are met.

For Disorderly Persons/Disordelry Persons Convictions – 5 years.

For Municipal Ordinance Convictions – 2 years.

For PTI/Conditional Discharge – 6 months from completion/dismissal.

For Dismissals – no waiting period. Eligible when dismissed.
How long does the expungement process usually take?

N.J.S.A. 2C:52-9 states that the Court must hear your matter within 35 to 60 days of the date it is filed. Generally, however, the process usually takes a few months and scheduling depends largely on the Court and its caseload. Various things such as incomplete records that need to be investigated, court scheduling, and/or opposition to your petition from a law enforcement agency may cause the process to be delayed. }{

Add your own answer in the comments!
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After hosting community meetings, the committee proposed four main reforms for the justice system: End the punitive war on drugs, reform and strengthen the probation system, expand the range of past offenses that are eligible for expungement of …
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Did you know that in the State of Florida if a criminal charge is dismissed, you can have it expunged? If there is a withhold of adjudication you can have it sealed. You can only do this if you have no prior felony convictions and no prior sealing or expunging. Once your record is sealed or expunged, you can deny the existence of the charge, even while under oath. visit us at www.miami-criminal-defense-lawyer.com
Video Rating: 5 / 5

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14 Responses to “Having a Conviction Expunged”

  • ExpungeYourRecord:

    @slinkydog2222-Each state has its own unique expungement laws. In Florida, you cannot have been convicted, or what we call “adjudicated guilty” and expunge your record. Which is why the first question is asked-it is a Florida eligibility requirement. In other states, such as California for example, you may be able to expunge a conviction. Florida allows you to seal charges where adjudication was withheld, or expunge charges that were dropped/dismissed. A lot of people fall into these categories.

  • slinkydog2222:

    Okay im pretty sure that everyone who wants to expunge thier record has been convicted of a crime in florida or another state, why do you think we are trying to expunge our records? That first question is by far the dumbest i’ve heard in awhile

  • dudely45:

    what about if i was convicted?

  • cooleskimoguy:

    Is this for real?

  • handsomehunkhenry:

    Is this expensive?

  • kingarthur848:

    informative

  • thunderingtyphoon1:

    Can felonies be expunged in Florida too?

  • blisteringbarnacle1:

    ok – i understand this

  • yoursilentadmirer1:

    having a criminal record = no job!!

  • poisonivy344:

    do you know who can do this for free?

  • rattlesnake50:

    lol – don’t live in florida -

  • ghostrider5012:

    Very helpful thank you

  • braveheart2938:

    good info

  • Bobby Santiago:

    I obtained a Drunk driving situation once but it’s not necessarily serius one. Acquiring a drunk driving situation is actually difficult I furthermore search a couple of recommendations online tips to get drunk driving lawyer since that people haven’t any. I’m really thank ful that people came acros for the video since it really helps me alot.

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