Having your record expunged after an arrest or conviction is an opportunity for a new lease on life. While this court action cannot erase the past, it does provide you with a clean criminal record and the ability to answer truthfully that you have not been convicted of a specific offense.
An Erlanger expungement lawyer could help you gain access to housing, job opportunities, and access to higher education that you did not have before. Before you file a petition on your own, consider discussing your options with one of our experienced criminal defense attorneys.
Convictions vs. Non-Convictions
The ability to obtain an expungement depends not only on the crime a person is charged with but also on the outcome of their case. This option is only available to a limited number of felony charges after a conviction, but the court may expunge records of any type of case when a person is never found guilty of the crime.
When it comes to convictions, the court may act on most Class-D felony offenses. Other felonies are only an option following a pardon by the governor. To qualify, a person must have no pending cases, and at least five years must have passed since the sentence was completed. This includes serving jail time, completing parole, and paying off all fines. Most misdemeanors also qualify under these same terms.
These efforts differ slightly for cases that did not result in a conviction. In these cases, the priority is to eliminate any public record involving the case, including the arrest itself. During an initial consultation, a knowledgeable lawyer in Erlanger could explain the expungement process for convictions and non-convictions and how they differ in further detail.
Understanding the Process
Having a criminal record expunged is not a simple matter that happens overnight. There is a process that must be followed, which can be challenging for anyone who isn’t relying on the support of our Erlanger expungement attorneys.
The first step for anyone with a conviction they want expunged is obtaining a certificate of eligibility. This document, which is provided by the court system, confirms that an applicant meets all of the requirements, particularly that enough time has passed since the sentence was completed. The certificate can be requested online or by mail, and there is a mandatory fee.
Once someone has their certificate in hand, the next step is to prepare a form provided by the Administrative Office of the Courts. This individual then has 30 days to submit the certificate, the form, and any necessary filing fees to the court.
This process is simpler for someone hoping to erase an arrest record instead of a conviction. These individuals still have to complete the administrative forms and pay the filing fee, but they are not obligated to obtain a certificate of eligibility.
The petition must be filed in the same county where the conviction occurred. Once received, the court will set the matter for a hearing no sooner than 30 days after the filing date. A judge will then review the documentation and come to a final decision.
Work With an Erlanger Expungement Attorney Today
A criminal conviction can hang around your neck like weight for years. If you are eligible to have your record cleared, now is the time to act.
Let an Erlanger expungement lawyer at Busald Funk Zevely help you through every stage of this process. Call today to learn more.
