When there has been an expungement, a person’s criminal record is cleared of certain types of criminal convictions. There are eligibility requirements, such as the charges being dismissed, the grand jury not issuing an indictment, the person being released without charges,a trial and the person being found not guilty, prosecutors choosing not to move forward with the case, or there being a successful defense and denial of an order of protection. In these situations, the expungement is free.
The expungement must be filed in the court where the case took place. All the relevant information like the docket number should be provided. Without it, there will be no expungement. In some cases, the person needs to pay to have an expungement. In other circumstances, the fees are waived. For cases that are “retired,” meaning the case has been placed on hold for an extended period, a request for it to be changed to a dismissal is needed. Then, it can be expunged.
Perhaps a conviction occurred when a person was a teen, and expungement will assist in career advancement. Having a criminal record can negatively impact a person’s life whether they are trying to get a certain job, be admitted to a school or enter the military. Legal assistance may be necessary to understand the steps and get an expungement. A firm with experience in defending against criminal charges might be able to help.