How To Get An Arrest Record Expunged
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Can I Get an Arrest Record Expunged From My Personal File?
It's important to note that arrest records do not expire. They stay on your public file indefinitely unless you’re able to seal or expunge them from your record. To have a record expunged means to have the record permanently removed from your file. To seal a record means your record won’t be available for public view, but, court and legal officials can request to see your sealed records at any time.
In order to get an arrest record removed from your public file I suggest you obtain the advice of a lawyer, specifically one who deals in criminal law. Only a lawyer can guide you through the legal process, represent you in court, and insure the record is permanently removed.
It's important to note that arrest records do not expire. They stay on your public file indefinitely unless you’re able to seal or expunge them from your record. To have a record expunged means to have the record permanently removed from your file. To seal a record means your record won’t be available for public view, but, court and legal officials can request to see your sealed records at any time.
In order to get an arrest record removed from your public file I suggest you obtain the advice of a lawyer, specifically one who deals in criminal law. Only a lawyer can guide you through the legal process, represent you in court, and insure the record is permanently removed.
If you decide to file for an expungement, be prepared. There's a paperwork process in place to get a file removed. You will need all information related to the offense, including the date and place of the arrest, the original summons, any warrant information, complaint number or indictment, and sentencing or punishment that resulted. Getting a record expunged or sealed could take months or more depending on the case. Each state and court district varies with respect to processes and fees. I advise you to contact the local courthouse for more information regarding the necessary steps to take. Again, since there is a legal process involved, it’s best to seek the advice of a criminal lawyer to avoid delays, error or refusal.
The law differs in cases involving minors. If a minor has committed a crime before age 17, the case is filed as a juvenile record with the courts. In many cases the record will be expunged upon the individual turning 18, especially if he/she has demonstrated good behavior. However, if the offense was of a criminal nature and the record wasn’t given any consideration by the court, then the record will remain on file. Contacting the district court where the record resides is a good place to start in getting the record removed.
Note: The process for expungment varies by state. Some states don't allow criminal records to be expunged or sealed at all. Other states allow the removal of only juvenile records, arrests records where there's no conviction, or first-time convictions for minor, non-violent crimes. That's why it's important to get a lawyer to handle your case since they know the law and will make sure your rights as a U.S. Citizen are upheld and protected.
The law differs in cases involving minors. If a minor has committed a crime before age 17, the case is filed as a juvenile record with the courts. In many cases the record will be expunged upon the individual turning 18, especially if he/she has demonstrated good behavior. However, if the offense was of a criminal nature and the record wasn’t given any consideration by the court, then the record will remain on file. Contacting the district court where the record resides is a good place to start in getting the record removed.
Note: The process for expungment varies by state. Some states don't allow criminal records to be expunged or sealed at all. Other states allow the removal of only juvenile records, arrests records where there's no conviction, or first-time convictions for minor, non-violent crimes. That's why it's important to get a lawyer to handle your case since they know the law and will make sure your rights as a U.S. Citizen are upheld and protected.