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Expunctions

An expunction is a process by which an individual’s arrest records are erased from law enforcement files. In most cases an individual is eligible for an expunction if they were acquitted by a judge or if their case was dismissed. This process has become increasingly important due to an increase in both the frequency and ability of businesses and employers to perform background checks on potential employees. Law enforcement agencies keep records concerning arrests and criminal charges and maintain these records, usually in a database. An expunction can remove criminal records from government agency files, but not from private businesses.

Advantages of Receiving an Expunction

Assess to computers is now commonplace, allowing more and more people access to information. An individual with a past criminal record may find that receiving an expunction can ease some of the stresses and complications of everyday life. Some reasons for pursuing an expunction may include:

  • With computer access in police vehicles, a common traffic stop could reveal past criminal charges.
  • Both employers and apartment rental agencies are more frequently performing background checks.
  • Laws concerning expunctions may change, making the process more difficult or even impossible.

Whether an individual is eligible for an expunction is determined by specific state laws. An attorney should be contacted in order to determine if expunction is possible.

The Expunction Process

The expunction process begins with a petition that is prepared, signed and filed with a District Court. Next, any government agency that maintains arrest records for the individual in question will be notified of the lawsuit and a hearing is scheduled.

If the expunction is granted by the court, then the individual has the right to deny that an arrest or criminal charge ever existed except in the event of the individual testifying under oath. After the expunction is final, it becomes a criminal offense for law enforcement agencies to disclose any records that have been expunged.



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