If you have a criminal conviction that that is deemed a felony under criminal law, in addition to whatever sentence you may have received in a court of law—such as paying a fine or restitution to the victim, serving jail time, or receiving probation or parole—you will find that the felony conviction has other repercussions in your life.  Criminal convictions take away your right to vote, hold a public office, serve on a jury, or own a firearm.  In addition, a landlord can evict you from your house or apartment for a felony conviction and possible employers can ask you if you have a criminal record and take your answer into consideration in deciding if they will hire you.

If you are dealing with issues such as those noted above because of a criminal record, one option that may be available to you is having your criminal record expunged.  This is also known as having your criminal record sealed and is found in the criminal law of each state.

Having your criminal record expunged means that a court of law seals your criminal convictions and arrest record.  Sealing this information means that your criminal conviction and arrest information are not available for the public to see, such as possible future employers.  Usually any previous criminal convictions or arrests that are expunged are only taken into consideration in the sentencing phase if you are arrested and found guilty of another crime.

Not everyone can qualify for having their criminal convictions expunged.  In general, a person must demonstrate to the court that you have been fully rehabilitated, meaning you are not likely to commit the same crime again or another serious crime.  To demonstrate this rehabilitation, various factors are considered, including:

Time since your conviction. The further in the past your criminal conviction was, the more likely it can be expunged.

Completion of sentencing. You need to have completed all sentencing given to you related to your criminal conviction, including probation, in order to be considered for having the crime expunged.

Other criminal activity. If you have had no other criminal convictions and are not being investigated for a crime, the court is more likely to consider expunging your criminal record.

The specific situations and types of crimes that can be expunged are governed by the criminal law of each individual state.  Therefore, to find out if your specific circumstances can be addressed by having your arrest and criminal conviction expunged, you should speak with an attorney who is familiar with criminal law for the state where your convictions occurred.

How can I contact a criminal defense attorney to review if my criminal conviction can be expunged?

If you complete the short form found at http://www.criminaldefensehome.com/eval_bar.php, a criminal defense attorney can review your situation to determine if you may qualify for having your criminal conviction expunged based on the criminal law of your state.  If your case is one that the criminal defense attorney believes may be expunged, the attorney can help submit the necessary paperwork and go before the judge with you to argue your case.

Keep in mind that the initial consultation with your criminal defense attorney about your situation is free of charge, completely confidential, and does not obligate you to anything further.  Therefore, you have everything to gain by speaking with a criminal defense attorney to see if your criminal record can be expunged and you can live a life free of the consequences of having a criminal record.  Do not let a criminal record impact your life any longer.

by Mark Johnston

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