Who Qualifies For Expungement?

Although a juvenile’s crime record generally will be sealed upon reaching the age of 18, this is not so if that juvenile was charged with a crime as an adult or was tried as an adult for a crime.

As an adult, there are many situations where expungement is denied upon application. Severe crimes and many felonies are usually denied expungement. If a person holds an extensive criminal record, even if they are not egregious crimes, it is unlikely that permission will be given for the records to be sealed. This is only reasonable, as a person who continues to commit crimes is not learning from their mistakes.

If a great deal of time has elapsed since an arrest or conviction, expungement may be denied. It is best to apply quickly for this procedure, and the best advice is to hire an attorney immediately after conviction in order to move the process along while it is recent.

Think about why you are asking to have the record sealed: so that you do not have to feel ashamed of your past? So that you can apply for an apartment or job without worrying that someone will explore your past? If you were convicted of a crime and served time in prison, one of the following two processes may better fit your situation.

A similar process to expungement is applying to have your civil rights restored once you have served your sentence for a crime. This is available in some states and the criteria for acceptance varies between states, so this is best handled by an experienced attorney. Your civil rights include the ability to vote and to possess a firearm.

In some states you could apply for a pardon of your crimes. Five years after completion of your incarceration, if you have not committed any crimes and have no unpaid fines, you can go through your parole board and get an application for a pardon. There is no cost to apply.