What’s an Expungement Lawyer Good At?
In most states, and depending on the severity of the crime and any extenuating circumstances, crimes on a person’s records can be expunged. There are some exceptions, including such felonies as child molestation, crimes while serving in government positions, treason and some others. Each case is different and must be treated differently. This is what an expungement lawyer is good at.
What is Expungement?
Expungement is a proceeding where an offender can request that the records of his criminal conviction be sealed so that they are no longer available on public records. It is actually considered a civil action wherein the plaintiff asks that his criminal record be destroyed from the state records.
Why request Expungement?
There are many reasons for seeking expungement. Many times, you may be prevented from being hired, or from applying for a professional license, such as a nursing license, if you have a criminal record. If the state records are sealed in a proceeding, a background search by an employer or agency will not show any record of a conviction.
Is it available everywhere?
Most states are rather strict about the privilege, and so it may limited to juvenile offenders, or if the infraction was a misdemeanor rather than a felony. In addition, there may be a waiting period after the crime before a record can be expunged.
What can an expungement lawyer do?
Perhaps it is better to start with what an expungement lawywer can’t do. He can’t rush the proceedings, so if you are within a statutory waiting period before the process can be heard, you will have to wait. If your conviction was a serious one, as cited above, he probably cannot get it expunged. If a lawyer tells you he can do any of this, be wary; he may very well come back to you and charge you a fee for something that couldn’t be done in the first place (even though he knew it couldn’t be done).
What he can do is present your case in such a way as to present you as deserving of this break. (Fine upstanding citizen currently, caught a bad break once, was just a kid, etc.) The decision is entirely up to the judge, and they do not have to follow any hard and fast rules; it is up to your lawyer can make a good case, and that is what a good expungement lawyer will do.
Working with a lawyer means putting your trust in a stranger. Check these background check reviews for an easy way to check up on someone to make sure they are who they say you are. After all, you wouldn’t want to get caught up in a scam when all you needed was advice.