Expungement: A Way to Clear Criminal Records
When individuals are part of a criminal offense, there is a way that the charge can be erased from the defendant’s record. An expungement is ordered by the court, and the criminal record is “sealed” or by the eyes of the law, it is erased. Miami criminal attorneys can walk you through the process and help you with any situation that may arise.
A great thing about sealing and expungement, for the defendant, is the process of applying for a job. He or she does not have to state the conviction on the application. The conviction is still on the defendant’s record, but it is only available for legal authorities and not public companies.
Qualifications to Receive an Expungement
There are some standards that the defendant must meet in order for the state to allow his or her eligibility and to complete the expungement process.
1. The nature of prior convictions, and severity, on the defendant’s record in all jurisdictions
2. The length of time that has passed since previous convictions or arrests
3. The severity of the conviction that is trying to be expunged
Expungements are not guaranteed, and the process may take a small length of time. The defendant must complete the appropriate application for the judge to review. Many jurisdictions will require a fee from the defendant to process the application and start the expungement process. Keep in mind that when hiring a Miami criminal lawyer, there is less stress for the defendant and a lot more understanding of the entire process.
In order to qualify for an expungement, the defendant must convince the state that he or she has made right choices and has led a positive lifestyle. If the court approves the application, it is easy for the defendant to let go of his or her past mistake and move on to live a better life.
Exceptions of Expungement Being Available
Some jurisdictions may not offer the availability of expungement. Depending on the jurisdiction, expungements may be:
• Available to all defendants
• Available following a successful conviction appeal
• Available after dismissed charges on the defendant
• Available for convicted juveniles under arrest
• Available for only some criminal charges
Most of the time, Miami-Dade criminal attorneys will represent clients in other jurisdictions as well. Remember, it is difficult to find a job, house, etc. when you have a criminal background, so the best option is to hire a lawyer. The fees for hiring a Miami criminal defense lawyer vary, and court costs are included.
Expungement depends on a variety of things such as:
• Whether the defendant is a juvenile or adult at the time of consideration
• If the charge is a felony or misdemeanor
• If the defendant was in state prison or placed on probation as punishment for the charge
Refusal for jobs and houses is common when you have a criminal background, even if it is just one charge. With the help of a Miami-Dade criminal defense lawyer, defendants can hope for the best ending results instead of dreading the worst. Call (305) 571-9800 24/7 for your free consultation.
