You might wish that your arrest never happened and you might be able to make it seem that way. Depending on a number of factors, having the records of an arrest hidden from public view is possible. Read on to find out more about expungement.
Judging Your Chances at Expungement
Every case is unique and state law can vary, but you might be able to learn something by reading about these situations that can increase and decrease the possibility that your case will be expunged.
If you are arrested and charged with a crime, your chances of having your record expunged is reduced if you end up being convicted on those charges. However, if you are arrested and those charges are dropped, an expungement might be possible.
Expungement, when it is possible, won't hide your arrest from law enforcement. It will, however, make it invisible to public view, background checks, and casual interest.
If you are charged with a serious violent crime (murder, rape, sex offenses, and other felonies), it is more of a challenge to have your record expunged even if there is no conviction.
All states impose standard minimum waiting periods before your case for expungement can be heard. While the time varies, it's often several years past the date of the arrest. If you expect a quick expungement, you will likely be disappointed since it could take years.
If you are able to get an expungement even after a conviction (and that is rare), you usually have to have served all of your punishment before your expungement case could be considered. You might also have to undergo an additional waiting period after this time.
Be aware that the judge will look at your criminal record in its entirety when considering an expungement. If you have a lot of other arrests and convictions, your chances are slimmer.
If you do have your record expunged and are later arrested, your previous arrest can be viewed and used when the judge considers issues like bail, penalties, and plea bargains. In certain cases, being charged with a crime multiple times can bump your charges up to a higher level (for example, from a misdemeanor to a felony), and even an expunged incident could be used in that calculation.
You might also have to reveal expunged records if you undergo background checks for certain sensitive and government positions.
To find out how to have your record expunged, speak to a criminal lawyer.
