Will I Be Able to Get an Expungement?
Coming to terms with the idea that you’ll have a criminal record for the rest of your life after being charged with a crime is both disorienting and frightening. However, you may not have to live with a criminal record forever. Some criminal offenses are considered expendable, meaning that in certain circumstances, you can become entirely divorced from these records.
You may be able to get an expungement:
If You Were Able to Have Your Case Dropped
Unfortunately, case dismissals don’t automatically drop off your criminal record when a court decides to no longer pursue your case, either with or without prejudice. You must make a motion to have your case dismissal expunged from your record. Dismissals with prejudice, where the case has been permanently closed, are generally easier to expunge than dismissals without prejudice, where paint is left open for prosecutors to potentially bring charges again.
If You Were Not Charged With a Crime by the Court
If you have been arrested and taken into police custody for a crime but were then later released without having any charges levied against you, you may be eligible for an expungement of the arrest records. Many people mistakenly believe that if no charges are brought, no record exists, but this simply isn’t true. Sealing your arrest records can help you maintain a clear criminal record for background checks, employment, etc.
If Your Appeal Is Successful at Nullifying Your Charges
Being found guilty in a court of law may seem like the case is over and there are no more chances to prove your innocence or reduce the charges against you. However, you do have the right to pursue an appeal, where a higher court will reevaluate your case to determine if your conviction should be overturned or reversed. If so, your criminal records may become expungable or at the very least, you may be able to have them sealed so background checks don’t reveal exactly what the charges were about.
How to Get Legal Help After Being Charged With a Crime
It’s crucial that you don’t delay after being charged or convicted of a crime. It’s in your best interests to have a seasoned criminal lawyer on your side at all times. Contact Michael T Rabideau for your consultation today at (561) 820-4848.