When you have a criminal record from the past, it might come back to haunt you from time to time. For example, when you try to rent an apartment or apply for a job, you might have to reveal your past. Revealing your criminal record is embarrassing and can prevent you from getting the apartment or job. Therefore, you might want to consider petitioning the court to expunge the record. If you want to do this, you might wonder how hard it is. The answer depends on the case, and here is some information to help you understand the answer.
What Charges Do You Have?
The first thing to consider is the charges you have. Do you have one or many? Are they serious charges? The types of charges you have dictate the difficulty in expungement. For example, a minor drug charge or DUI might be easier to get expunged compared to a murder or rape charge. The severity of the charges controls how you can proceed with criminal record expungement. If you want to learn more about this, talk to a criminal defense lawyer.
What Are the Rules in Your State?
The second thing to consider is the rules in your state. Your state controls the expungement rules, and you can learn more by speaking to your attorney. If the rules in your state allow expungement of the charges you have from the past, then you might want to proceed by filing a motion for expungement.
How Long Ago Were the Charges?
Another vital factor that matters is the age of the charges. Did the charges happen last year or many years ago? Most states have rules relating to the age of crimes and expungement. For example, you might have to wait at least three to five years after the charges before petitioning the court for expungement.
What Is Your Criminal History Since These Charges?
The other factor that matters is your criminal record since the charges occurred. If you have had a clean record since that time, you will face fewer challenges with expungement. If you have had other criminal charges since that time, you will face more challenges getting the court to approve the expungement request that you have.
When you understand the answers to these questions, you might know if you should pursue criminal record expungement. If you would like assistance with this, contact a criminal defense lawyer today.Share