Having a criminal record can be a burden that follows you long after serving your time and paying your fines. Even if you were acquitted of a charge or never formally prosecuted, simply having an arrest record can impact your ability to earn a living. In these situations, a Metairie expungement lawyer could help.
Expungement is the process of removing an arrest or conviction from your permanent record. Eligibility is limited, and not every petition will be approved. A skilled criminal defense attorney could help you make the case for having your record cleared.
What is Expungement?
Criminal expungement is the process that formally seals a person’s court records. This is done through the legal system, and the outcome rests in the hands of the judge overseeing the case.
Expungement hides criminal case records from public view, but they are not erased completely. Law enforcement will still have access to prior arrest and conviction reports. Despite this limited access, expunging these past convictions can have major benefits.
Why is an Expunged Record Helpful?
Each person has their own reason for having their criminal record expunged. For most people, this is done to pass a background check. These checks are required for various things, including employment, renting a home, or acceptance to college. Often, a record of an arrest or conviction can have a long-lasting impact on a person’s quality of life.
Anyone found guilty of an offense can be stuck, even after completing their sentence. The state allows for the expungement of certain criminal arrests and convictions to give these individuals a fresh start.
Who Qualifies for Expungement?
There are legal options for expunging the record of both arrests and convictions. Eligibility depends on several factors. When it comes to arrests, it is possible to expunge these records in situations where there was no conviction for a crime. This includes cases where the accused is acquitted, when the statute of limitations has expired and no prosecution was initiated, or when a judge has dismissed a case.
Expungement is also possible for conviction records. The amount of time a person must wait before pursuing this option differs between misdemeanors and felonies. A person found guilty of a misdemeanor must wait five years after completing their sentence, while the waiting period for a felony is 10 years. A person must not be charged with an additional crime to qualify during this time.
Not all types of criminal convictions may be expunged. A person convicted of certain offenses is barred from having their record cleared, even if they would otherwise qualify. A conviction for the following offenses can never be expunged:
- Some drug offenses
- Crimes involving minors
- Sexual violence or abuse
- Violent crimes, including murder, robbery, or battery
An attorney in Metairie can advise when expungement is an option.
Call a Metairie Expungement Attorney for Help Clearing Your Record
If you believe you are entitled to have your criminal record sealed, now is the time to speak with legal counsel. This process is complex, and success is never guaranteed. However, it could provide you with the fresh start in life you deserve. Call a Metairie expungement lawyer today for a private consultation.
