We all make mistakes. In many cases, mistakes deserve forgiveness. For those with a criminal record, expungement is a way for an individual to get a second chance and move forward after facing criminal charges.
But the expungement process can be expensive, complicated, and may not work for everyone with a criminal record. If you or a loved one is looking to clear his or her criminal record and move forward in his or her life, an expungement can be life changing.
What Does Expungement Mean?
Expungement is a legal process in which a record of criminal conviction is destroyed or sealed from state or federal record. According to the American Bar Association, “An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant’s criminal record as well as, ideally, the public record.”
It is important to note that expungement is not a forgiveness or clemency for committing a crime. Expungement proceedings must be ordered by a judge or a court.
Who Qualifies for Expungement?
In order to request an expungement, certain standards must be met to qualify for the process. Eligibility depends on various factors, usually:
- How much time has passed since the arrest and/or conviction
- The type of crime committed and the severity
- If the applicant has had other arrests or convictions
- The severity and type of crimes in the criminal record
Every state and/or county has specific eligibility rules for expungement. Some criminal records are more likely to be expunged than others. Criminal records that are more likely to be expunged include juvenile charges, charges that were later dropped or dismissed, and low-level misdemeanors.
How Much Does Expungement Cost?
The costs associated with expungements can range significantly as they regularly include court costs, legal, work, and court appearances. According to expungement attorneys at Hoelscher Gebbia Cepeda, PLLC, “Generally, expunctions cost around $600 just in filing fees and service of process costs. Your legal fees for a lawyer can easily exceed $3,000.”
Prices will vary due to state and locale. Many criminal defense attorneys offer payment plans for those seeking to expunge their criminal record.
Expunctions may seem pricey, however, they can make a significant difference in your life. An expungement may allow for greater income earning potential, granting peace of mind after a traumatic event, and allow for a fresh start.
How Long Does It Take to Get a Criminal Record Expunged?
When applying for expungement, it is normal to want the process to move as quickly as possible. Since the legal process is involved with an expungement, it can take some time, especially as the court system is backed up due to the COVID-19 pandemic.
After filing a request, a hearing appointment will take at least 30 days. If your petition is granted it can take up to a year to “destroy” the records, but will be quicker if the record is sealed. Typically, it will take 60 to 90 days before a criminal record is cleared in background checks.
Moving Forward with an Expungement
If you or a loved one has a criminal record and is seriously considering expungement, it is best to seek the counsel of a legal professional to ensure you meet the required criteria in your state and county. If you qualify or will in the future, choosing to pursue an expungement can significantly improve your quality of life by removing the limitations and social stigmas having a criminal record can create.