Misdemeanors and Felonies can have a significant impact on a person’s life, career, and future. Normally, these criminal records would stay with the individual for the rest of their life. However, there are some situations where an individual may want to delete (remove) their misdemeanor or felony record.
There are two different types of expungement: general and specific. A general expungement removes all criminal records related to the misdemeanor or felony offense from public view. A specific expungement only removes the criminal record from the public view if it is related to a particular case or charge.
Several requirements must be met to file for a misdemeanor or felony expungement. These requirements vary depending on the type of expungement being sought.
Misdemeanor Expungement and its Benefits
Misdemeanor expungement is a process by which certain criminal records may be sealed or obliterated. This can have many benefits, including decreased chances of being arrested or convicted again, increased job prospects, and reduced ability to be tracked by law enforcement. Misdemeanors eligible for expungement include petty crimes that don’t involve violence, public intoxication, possession of small amounts of marijuana, and other similar offenses.
A few requirements must be met to file for misdemeanor expungement. First, the individual must have been charged with the crime and not convicted.
Second, the crime must have been adjudicated as a misdemeanor (either through a plea bargain or verdict).
Finally, the individual must have completed any jail time associated with the crime and no longer meet court-imposed conditions (such as a probation sentence).
Felony Expungement and its Benefits
The expungement process can be a great way to clear your criminal record and move on with your life. It can help you secure a job, get housing, and more. Here are some of the benefits of felony expungement:
- Expungements can help you secure a job. A clean criminal record can give you an advantage when applying for jobs or interviews. If you have misdemeanor convictions, they will still appear on your record, but having an expunged felony will show that you are Clean Slate Certified.
- Expungements can help you get housing. Having a clean criminal record can show that you are not a risk to the community and may be allowed to live in certain areas without restriction.
The Expungement Application Process
There needs to be more clarity around the application process for expungement. So, to clear things up, here is what you need to know:
- You will need an official copy of your criminal record from the court system in which your case was tried.
- If you are applying for an expungement for a misdemeanor offense, you will also need to provide documentation verifying that you have completed all terms of your probation or parole.
- The burden of proof lies with the applicant, not the government agency seeking expungement.
- Expungement applications can be submitted online through the court system or by mail.
Considerations when applying for a Misdemeanor or Felony Expungement.
Many people are looking to have their criminal records expunged. There are a few things to remember when applying for a misdemeanor or felony expungement.
First, many states require you to have been convicted of a misdemeanor or felony before applying. So make sure you have proof of your conviction available when applying.
Second, some states will only allow you to apply for an expungement if your record is sealed. This means that the criminal record can’t be used against you in any way, and it’s generally considered confidential.
Third, most misdemeanors and felonies will still appear on background checks and may disqualify you from certain jobs or graduate school programs. So it’s important to know exactly what your convictions are and whether they would disqualify you from applying for an expungement.
The Consequences of a Misdemeanor or Felony Expungement
When a person has a misdemeanor or felony conviction on their record, it can have serious consequences. Depending on the particular offense, having a criminal record could make it difficult to find a job, receive education opportunities, or even get housing.
In some cases, the conviction may mean you cannot vote or serve in certain government positions. And if the crime was committed while you were under 18, it may also result in a criminal record that will follow you for the rest of your life.
If you are considering whether or not to apply for an expungement, there are a few things to keep in mind. First, not all misdemeanors and felonies are eligible for expungement. Second, you must provide documentation supporting your case if you decide to apply.
Expungement Eligibility for Misdemeanors
Many people are eligible for Expungement of Misdemeanor convictions. Convictions that are eligible for expungement can include petty crimes, traffic violations, and some public intoxication offenses. Depending on the specific crime, eligibility may vary. Some misdemeanors may only be eligible if they were not punishable by more than one year in jail, while others may be eligible regardless of how long they have been committed. A few factors must be met to qualify for expungement, including having no other criminal record and being responsible for all fines, costs, and restitution related to the conviction. If you meet all the requirements and your conviction is not currently a bar to employment or housing, an attorney can help you apply for expungement.