An “Expungement” is a court ordered sealing of an arrest or conviction that makes it so that such arrest or conviction is confidential and no longer visible to the general public. Prior to 2017, it was very difficult to have a misdemeanor or felony charge removed from your record. Nowadays, it is much easier to remove a charge that would otherwise hinder your ability to apply for certain jobs, lease a home or apartment in a desirable neighborhood, or purchase a firearm.
In order to expunge a charge from your record, each of the following must be true:
- At least 3 years has passed since a felony conviction (or 1 year since a misdemeanor/ordinance violation conviction)
- You have not been found guilty of any other felony/misdemeanor offense since the convection which you are seeking to expunge
- You have satisfied all of the fines, court costs, and restitution that you were initially order to pay
- You do not have any other charges currently pending
- Your habits and conduct show that you are a productive member of society and not a danger to your community
- The “interests of justice warrant the expungement”
If those 6 conditions are true for your case, you may be eligible for an expungement. While it is much easier to have a charge expunged today than it was in the past, it should be noted that not all crimes can be removed from your record. For instance, the following is a list of offenses that are not eligible to be expunged:
- murder
- rape
- 1st degree robbery
- armed criminal action
- felony assault
- domestic assault (felony or misdemeanor)
- kidnapping
- sex offender offenses
If you have a misdemeanor or felony arrest or conviction on your record that is keeping you from reaching your full potential and living your best life, call us today to set up a free consultation.