Even if a conviction has been expunged, could it still show up in some circumstances? For example, police departments and some licensing boards may be able to find out about job applicants' expunged records. Drug Crimes and Juvenile Offenses In many jurisdictions, people who have been arrested or convicted for drug crimes and juvenile offenders may have an easier path to expungement.
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Expungement and Criminal Records. Should I just plead guilty and avoid a trial? Is the public defender a real lawyer? Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are? See All Common Questions.
Related Products More. Criminal Law: A Desk Reference. This does not mean that those charges do not exist. They are still part of your criminal record. For the expungement process, you may wish to look at both sources to determine your eligibility for expungement. If you have pending warrants, you may wish to seek legal help to deal with those before contacting CJIS. Generally, any arrest or citation will show up on your criminal record regardless of what happened later in court.
This means that your public criminal record may show good outcomes like being found innocent or bad outcomes like being found guilty. Many organizations, businesses, and agencies require a background check for applicants. Having criminal charges on your record can hinder:. To find out more about how your criminal record may affect you, view this helpful tool from the American Bar Association. Usually, the verdict or outcome of your case determines whether specific records can be expunged.
It does not matter whether your case was a misdemeanor or a felony. For most offenses, if you have been convicted found guilty , the records about that charge cannot be expunged. There are exceptions. Learn more about which records can be expunged and which cannot. If you were charged with more than one offense based on the same incident, transaction, or set of facts, you can only have records from that case expunged if ALL of the charges from that incident are eligible for expungement.
For example, a person might be charged with three separate offenses based on the same incident. The person might be convicted of one of the three charges, and have the other two charges dropped. If the conviction is not expungeable, the person will not be able to expunge the records from the two charges that were dropped either. The only exception to the Unit Rule is for minor traffic violations. No matter what happens with the minor traffic violation, even if you are convicted of it, it will not affect your ability to get the other related records expunged.
If you were arrested on or after October 1, and not charged with a crime, your arrest will be automatically expunged within 60 days of your release from custody. If you were arrested before October 1, , you may wish to contact the local arresting police department and ask them to clear the record.
Generally, you fill out a Petition for Expungement of Records and file it with the court that heard your case. If it has been less than three years from the time your case was concluded, you will also need to file a General Waiver and Release. This filing fee is not refundable.
Learn more about how to file a petition for expungement. Generally, you must wait 3 years after your case was decided before you can file for expungement, but the rules vary based on the results of your case:. If you were found guilty of a crime that is no longer a crime, you may request an expungement immediately. Prior convictions for possession of marijuana can be expunged immediately, but the amount you were convicted of possessing must be less than 10 grams. If your conviction was for more than 10 grams of marijuana, you may request an expungement 4 years after satisfactory completion of the sentence.
You must wait to expunge a case until every charge in that case is expungable. In all above cases, however, a court may grant a petition for expungement at any time if the court feels you have shown good cause. If you file for expungement before the waiting period has elapsed, the State's Attorney may file an objection. You will then have the opportunity to show why you have good cause at a hearing. Read the Law: Md. The expungement process takes approximately 3 months.
Once the Judge signs the expungement order you will receive a copy of the order in the mail as well as a Certificate of Compliance from each agency required to expunge their part of your record. TIP: It is important that you personally keep copies of all of the documents and papers relating to the expungement process, including a copy of your case file. There may be times in the future when you need to be able to explain what happened with your expungement, and it can be very difficult to prove what happened once court and police records have been expunged.
Citizenship applications and deportation hearings can be negatively affected if the Federal agency handling your immigration case needs to review your past criminal case and can no longer do so because it has been expunged.
The once-in-a-lifetime restriction on the misdemeanor conviction expungement law presents a strategic challenge to people seeking expungement when they have multiple convictions to consider. An assault conviction may present barriers to housing, while a crime of dishonesty or a controlled substance violation may present barriers to employment. Because of this strategic component and some practical difficulties with the law, Iowa Legal Aid does not recommend that individuals apply for these expungements without the assistance of a lawyer.
Not many pardons are granted. If the Governor issued a pardon, that pardon does not remove the record of that crime. The only effect of a pardon is a note on the online court docket that shows a pardon was granted. The criminal record will remain on the online court docket. Effect of Criminal Records. Even if your case has been expunged, a record still exists. It should not be seen by the public, but it does not get erased. The record will be on a special list available to courts, prosecutors, and law enforcement.
If a person gets a new criminal charge, everyone involved in the criminal case would know about the expunged criminal record. If a person commits a new crime, the expunged record can cause:. Having a criminal record makes life very difficult. It can be hard to find an apartment, get a job, get a loan, and go to college.
State and federal rules tell employers and landlords that they must look at many factors when renting or hiring. If you have been denied a lease by a landlord, a job, or admission into a college based only on your criminal record, find out what went into the decision. Get that in writing if possible. In some cases, a denial for the criminal record alone could be discrimination.
Iowa Legal Aid provides help to low-income Iowans. To apply for help from Iowa Legal Aid:. Apply Here for Legal Help! Iowa Legal Aid provides free civil legal assistance and does not charge their clients for legal services. Apply Here for Expungement Clinic. Affected by Disaster? Food Assistance.
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