Many crimes cannot be expunged. Some states don’t remove any crime while others will eliminate most crimes. Some crimes are never eligible for expunction.
Suppose you are thinking of getting your records deleted. In that case, you may want to know who can view your documents even after they are deleted.
Because data deletion laws differ from state to state, there is no simple answer. Still, we can help you determine who can view your records based on the state your documents are in.
Although the effect of successful elimination varies from state to state, specific guidelines remain. In most cases, private employers, landlords, and others who verify your identity will not find your deletion details.
After deleting the record, in most states, the law allows you to answer “No” when asked for a penalty concerning employment or rental applications.
It is essential to consider the distinction between criminal histories held in public and private databases. You can be mentioned in all database systems.
Read our post on deleting criminal history from internal and external databases to know more about the process.
What Expungement Really Is?
You will also hear the term drop or find a dismissal order given by the judge in juvenile court hearings. What does it imply?
Expunge means completely remove or delete. Legally, deletion is the process of eliminating or sealing a criminal record from a state or federal registry.
The order is to treat the conviction as never handed down and remove it from the accused’s criminal record, preferably from the public register.
It is essential to clarify that removing a crime does not mean forgiving the offense. It is a legal pardon. Likewise, the clearing has not been lifted, and there is no need to strike the criminal record sentence.
In the United States, a pardon may be given by public officials. For example, every year, the president grants a pardon. The governor can also pardon some defendants in the state.
That being said, a judge or a jury must authorize the dismissal process.
In short, expungement should hide criminal records from public view. It will not destroy criminal convictions. It just shuts it down, so the public does not see it. Some government agencies still have access to it.
Where Can You Find a Lawyer to Expunge Your Records?
Assume you are nervous about whether it is possible to get the expungement on your criminal conviction and suspect that it might be liable for dismissal.
In such a case, contacting a lawyer who will enable you to manage the procedure is necessary.
A good lawyer can help you understand your choices and your rights. Suppose you have any specific questions about the laws in your region or state. In that case, your expungement lawyer can provide legal information upon your inquiry.
Do not make mistakes while hiring a lawyer. Check this out!
What Felonies Can Be Expunged?
Each state has its list of criminal records that can be removed. Items that are eligible for deletion depend on the state.
Some criminal records are more likely to be deleted than others. These records are:
- infractions,
- juvenile crimes,
- arrest histories,
- non-violent crimes,
- charges that were either cleared or removed, and
- simple misconducts.
What Felonies Cannot Be Expunged?
There are still significant offenses in the most progressive states which cannot be removed. Some of these crimes include:
- rape,
- arson,
- murder,
- capital offenses,
- terrorism,
- assault with a deadly weapon that causes a fatal injury, and
- life imprisonment.
When Can You See Sealed or Cleared Records?
Your delete log will be revealed in certain circumstances. These requirements differ from state to state, but for precise advice, you can contact a lawyer. The examples are given below.
In California:
Record deletion technically cancels the appeal of a conviction, but court records still exist. It is fair to deny that a person was convicted under all exceptional circumstances.
In Nevada:
Except for the Nevada Gaming Commission, no one can review deleted (sealed) records; it happens only if NGC can get a court order.
In North Carolina:
State courts can use deleted documents. The judge will recognize a breach at prosecution if you are convicted on any offense.
In Utah:
State legislation requires deleted documents to be obtained by law enforcement and federal agencies. State technical certification authorities, including the education board, can get your documents.
If you apply for a concealed firearms license, your documents will be released to the Criminal Identification Authority.
Insight
It can be seen that the removal of a serious crime can be a complicated process and should be handled with care. Therefore, if you face a criminal conviction or want to be released from a crime, you should consult a qualified and experienced removal attorney.
An experienced removal attorney can help you determine if you qualify for removal and will guide you through the removal process. Moreover, they can represent you in court, if necessary.
Check this to know more about criminal defense lawyers.
Conclusion
Clearing criminal records can help you a lot in life. Be mindful, though, that in some conditions, a criminal history can still be viewed. Such cases vary from state to state.
For ensuring that you know the law in your state, you should contact an experienced lawyer.
