Expungements: A comprehensive Guide
In today’s world, a criminal record can have far-reaching consequences, affecting employment opportunities, housing applications, and even social relationships. Fortunately, the legal process of expungement offers individuals a chance to clear their record and move forward with a clean slate. At Bauer Scanlon & Wigginton, we specialize in guiding clients through this transformative process. This blog provides a deep dive into expungements: what they are, who qualifies, the benefits, and how we can help you take this crucial step toward a better future.
What is Expungement?
Expungement is a legal process that allows individuals to have certain criminal records sealed or erased from public view. This means that after a successful expungement, the record will no longer appear in background checks conducted by employers, landlords, or other entities.
Key Features of Expungement:
- Sealed vs. Erased: Depending on the jurisdiction, expunged records are either permanently destroyed or sealed, making them inaccessible to the public.
- Not Always Automatic: Expungement typically requires a formal legal process, including filing a petition and sometimes appearing in court.
- Scope of Expungement: While some states allow for a broad range of offenses to be expunged, others are more restrictive, excluding severe crimes like violent felonies or sex offenses.
Who Qualifies for Expungement?
Eligibility for expungement varies depending on state laws and the specifics of the offense. At Bauer Scanlon & Wigginton, we work closely with clients to evaluate their eligibility and develop a strategy tailored to their situation.
General Factors That Determine Eligibility:
- Type of Offense: Many states allow expungement for misdemeanors and certain non-violent felonies.
- Time Passed Since Conviction: A mandatory waiting period—ranging from a few years to a decade—may apply.
- Completion of Sentence: This includes serving jail time, probation, or parole, and paying any fines or restitution.
- No Additional Convictions: A clean record since the conviction in question is often required.
- Juvenile Records: In many jurisdictions, juvenile records are more easily expunged than adult records.
The Benefits of Expungement
The impact of expungement extends beyond simply clearing a record. It can open doors to new opportunities and reduce the stigma associated with a criminal history.
Employment Opportunities
Many employers conduct background checks, and a criminal record can be a significant barrier to employment.
Expunged records are no longer visible during these checks, allowing individuals to present themselves without the shadow of past mistakes.
Housing and Financial Benefits
Landlords often perform background checks before renting properties. Expungement can eliminate this obstacle, making it easier to secure housing.
Similarly, financial institutions may view applicants with a criminal history as higher-risk. Expungement can improve access to loans or credit.
Restoring Civil Rights
In some cases, expungement may restore rights that were lost due to a conviction, such as voting or owning a firearm.
Social and Personal Advantages
Removing the stigma of a criminal record can enhance self-esteem and improve relationships.
Individuals gain a sense of closure and the ability to fully reintegrate into society.
The Expungement Process
The journey to expungement can be complex, but with experienced legal guidance, the process becomes manageable and efficient.
- Initial Consultation
At Bauer Scanlon & Wigginton, we begin with a thorough review of your criminal record and circumstances. This step ensures we understand your eligibility and the steps needed to proceed.
- Filing the Petition
Once eligibility is confirmed, we prepare and file the necessary paperwork with the court. This includes:
Details of the offense(s) in question.
Evidence of rehabilitation, such as proof of employment or community service.
Any additional documentation required by the jurisdiction.
- Court Hearing
In some cases, a court hearing may be required. During this hearing, we advocate on your behalf, presenting evidence and arguments to demonstrate why the expungement should be granted.
- Post-Approval Steps
After the court grants the expungement, we ensure all relevant agencies (e.g., law enforcement and background check companies) update their records. This ensures your expunged record is no longer accessible.
Common Myths About Expungement
Myth 1: Expungement Completely Deletes the Record While expungement seals or removes the record from public view, some law enforcement agencies may retain access for limited purposes.
Myth 2: Anyone Can Get an Expungement Eligibility criteria are strict, and not all offenses qualify. Consultation with an attorney is essential to determine your case’s viability.
Myth 3: Expungement is Automatic In most cases, you must actively pursue expungement; it doesn’t happen automatically after a certain time.
Myth 4: Expungement Guarantees No Future Issues While expungement significantly reduces visibility, certain entities (like government agencies) may still access the record in specific circumstances.
How Bauer Scanlon & Wigginton Can Help
At Bauer Scanlon & Wigginton, we understand that your future is at stake. Our dedicated attorneys specialize in navigating the intricacies of expungement law, ensuring the best possible outcome for your case. Here’s how we can support you:
- Personalized Legal Strategy
We tailor our approach based on your unique circumstances, ensuring the most effective path to expungement.
- Expert Advocacy
From filing the petition to representing you in court, we handle every aspect of the process with precision and dedication.
- Post-Expungement Guidance
Our support doesn’t end with court approval. We provide guidance on leveraging your expungement to rebuild your life.
Success Stories from Bauer Scanlon & Wigginton
Case 1: Overcoming Employment Barriers A client with a decades-old misdemeanor struggled to secure stable employment. After successfully expunging the record, they secured a managerial position at a prestigious company.
Case 2: Rebuilding After a Juvenile Mistake A young adult with a juvenile record for a non-violent offense faced difficulties in college admissions. Post-expungement, they were accepted into their dream school.
Case 3: Housing Stability Restored A single mother was repeatedly denied housing due to a years-old conviction. Following expungement, she secured a safe and stable home for her family.
Final Thoughts: Your Path to a Brighter Future
An expungement can be life-changing, offering a fresh start and the ability to move forward without the weight of a criminal record. At Bauer Scanlon & Wigginton, we are committed to making this process as seamless and effective as possible. Whether you’re seeking a new job, pursuing education, or simply looking for a fresh start, our team is here to help.
Take the first step toward reclaiming your future. Contact Bauer Scanlon & Wigginton today for a consultation and let us guide you through the transformative journey of expungement.