Expungement (also called vacate) is the process by which an individual can clear a prior conviction from their criminal record. It is important to remember, however, that you don’t always have the option of expunging an arrest or a criminal conviction. Some states do not offer this benefit.
Remember, if the judge or jury acquits you of criminal charges, it will not appear as a conviction on your criminal history. Therefore, you likely will not need to file for a record expungement. The court records will, however, show that police arrested you for the alleged crime.
If you are convicted of a criminal offense, it can affect your life in various ways. You may lose a job opportunity if a criminal case appears on your criminal record. It is difficult to secure certain professional licenses if you have conviction records. You may also lose certain civil rights, such as voting or serving on a jury. An expungement is a tool that allows you to erase certain misdemeanor and felony convictions.
Once the court receives your application, it will inform you whether your criminal conviction is eligible for expunction. If it is, the judge will issue a court order commanding the court clerk to remove or seal the record in question. Given the complex nature of this legal process, it’s a good idea to contact a criminal defense lawyer for help. Any legal advice they provide should make the process less intimidating.
Many states refer to the process of removing a criminal record as an expungement. Other states do not allow expungements at all. Instead, they may agree to seal the case so that it is no longer considered a public record. Once the court seals your criminal record, only law enforcement and criminal justice agencies can see your arrest or conviction.
Completing a diversion program will make it easier to obtain an expungement. For example, if you shoplift and get arrested, the court may order diversion instead of a jail or prison sentence. As long as you complete the terms of your diversion program, the record will only appear as an arrest — not a conviction.
If the judge or jury convicts you of a felony, it will be a lot harder — maybe even impossible — to get the conviction removed from your criminal record.
In fact, you should consider retaining a criminal law attorney to help file your expungement request.If you or a loved one is in a bind as a result of criminal allegations, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.