Denton Criminal Lawyer

Expungement

Expungement is a process in which a criminal conviction is erased or sealed. This is also known as expunction. States vary as to the criteria and procedure for having a conviction expunged.

With an expungement, the criminal’s record will be hidden for most purposes, and therefore, will not continue to have a negative affect on the individual’s life. The person does not have to disclose that they were arrested or convicted in the past to employer or landlord. If a company or school was to conduct a background investigation, the arrest or conviction would not show.

However, the record is not necessarily physically erased. Certain government agencies such as law enforcement and criminal courts will be able to access it. Due to the limited accessibility, many prefer to think of an expunged record as being sealed as opposed to erased. In specific legal proceedings, the prior expunged record may be utilized when determining proper sentencing for the new offense. This is especially true in immigration and deportation proceedings.

To determine whether a person is eligible for expungement, a number of factors will be taken into consideration. If there has been a significant amount of time that has passed since the conviction, the severity was minimal, and the offender has a clean criminal record with the exception of the one conviction, the offender has a good chance of qualifying for expunction. The specific rules vary by state.

If you feel you may qualify to have your record expunged, contact the Denton criminal lawyers at Alexander & Associates by dialing 972-420-6560.