People get confused between their driving record and their criminal record. It is a common misconception that convictions fall off your record. In reality the convictions never fall of your record the insurance carrier just stops considering them after a certain time. As far as criminal convictions they never come off your record, including juvenile convictions. And be aware that not all states use the term "expungement.
Generally, to be eligible for an expungement, you must complete the terms of your sentence, including any period of probation , parole, or supervised release. Each state has a different list of crimes that can be expunged.
In some states, only misdemeanors are eligible for expungement, while in others, felonies can also be expunged with the exception of very serious or violent crimes. You must usually wait a period of time after completion of the sentence as well and remain crime-free no new arrests or convictions during the waiting period.
Say you were convicted in for felony theft in Minnesota and sentenced to 12 months in jail and three years on probation. You complete the sentence in Minnesota allows expungement of felony theft convictions five years after a sentence is completed, as long as the person has no new convictions during those five years.
You must wait until to petition the Minnesota court for expungement of your felony theft conviction. Some states give courts a great deal of discretion in deciding whether or not to grant an expungement and allow judges to consider things like the seriousness of the crime, the person's behavior since the conviction, and any prior convictions.
In other states, the law requires courts to grant an expungement unless a disqualifying factor exists like a new arrest , which gives judges much less power to deny an expungement. Many states require a person to file a petition with the court of conviction to get an expungement. However, the process and steps required differ by state. In most states, a person must file a form often called a petition with the court asking for expungement—some states use simple, straightforward forms, but others have complicated petitions that might require the assistance of an attorney.
What is a criminal record? What barriers are posed by having a criminal record? Can criminal records be cleared? I'm way more than two misdemeanors. How can jurisdictions fix the problem? You Might Also Like. Apr 20, Akua Amaning. Jun 27, Betsy Pearl. Clemency Fact Sheet Clemency Nov 15, Kenny Lo Research Associate. Start by checking with your county's criminal court, or even the law enforcement agency that handled your arrest.
Specifically, ask the following questions about eligibility for expungement and the procedure that's involved:. A Certificate of Actual Innocence is perhaps the most powerful form of expungement. This certificate does more than seal a prior record, it proves that a record should never have existed at all.
Let's say that Joe is arrested for vandalism for spraying buildings with graffiti, but the charges are later dropped. Or perhaps Joe is charged with vandalism, and he goes to trial and is found not guilty.
In either situation, Joe might seek to obtain a certificate establishing that he was factually innocent of the offense. In many jurisdictions, people who have been arrested or convicted for drug crimes and juvenile offenders may have an easier path to expungement.
Drug offenses. Many people arrested for drug offenses are eligible for diversion programs. These programs typically provide for the expungement of records following the satisfactory completion of a program. Juvenile offenses. People who were arrested or convicted as juvenile offenders may have an easier time getting their criminal records expunged or sealed.
Usually this is an option once the person reaches the age of 18, and they've otherwise stayed out of trouble with the law.
Learn more in our article on sealing juvenile court records. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
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