Are you eager to seek help for record expungement? Well, what you need to keep in mind is that every city has its rules and regulations. If you live in San Miguel, then you need to get accustomed to how record expungement works here.
The most significant aspect is that you need to have a clear approach regarding how you will go about record expungement.
Understanding the Concept of Record Expungement
What you need to know is that record clearance is a kind of lawsuit where a first-time offender requests for Record Clearing despite the prior conviction. When you get your records sealed, then it means that your conviction will not be available on public records.
Why You Should Go for Record Clearance
You need to remember one important fact, and that is you will not be able to land a good job in San Miguel California if you have a criminal record. The worst part is that it can become difficult for you to get a loan as well if you have a criminal record. What you need to remember is that the credit agencies may include the criminal records when they calculate your credit scores.
If you have a criminal record, then it may become a problem to get some licenses. For example, you may not remain eligible for a driving license. Secondly, it can also become a problem for you to get a security clearance if you have a criminal record.
The most significant aspect is that you will not want the criminal records to affect your credibility as a person.
When you have a criminal record, then it can become an issue to rent an apartment or a house. There are times when people face immense difficulty when it comes to immigration because they have criminal records. The worst part is that you can even lose your right to vote if you have a criminal record, and this is not something that you will not want at the end of the day.
If you go for record expungement, then you will not have to suffer your entire life. Plus, you will not have to live with the guilt related to the past. You will be able to start your life on a positive note after expungement.
We listed down the pros of record clearance, and now, we will give you information about the different steps involved.
How to Go About Record Expungement
Get Your Record in Person
When you are ready for record expungement, then you should make it a point to get your records in person. What you need to keep in mind is that you can only file a petition for expungement if you have the copy of the offense record.
A lawyer can also request for these documents, but the issue is that sometimes it takes weeks together to get the offense records. Time is precious, so if you get the records in person, then the expungement process will speed up.
Determine If You Qualify for Record Clearance
First, it is essential to determine whether you qualify for record clearance. The eligibility depends on many different factors. It depends upon the time since the conviction. The severity of your offense is another crucial factor. The truth is that record expungement differs from case to case.
You should do relevant research regarding record clearance before submitting your petition. Make sure that you complete the conditions of your probation before you file the petition for record clearance.
For example, it is mandatory that you should pay all your due fines. Secondly, you can only apply for expungement if your probation tenure is complete. If you are serving another sentence for some other offense, then you will not be eligible for record expungement.
If you want to file the petition before your probation tenure is over, then in this situation your attorney will have to file the motion for early termination.
Hire an Experienced Attorney to Give You Information
Once you are sure that you qualify for record clearance, then you should make sure that you select an experienced record expungement attorney. The benefit of hiring the attorney is that he will give you detailed information about the record expungement procedure.
The critical aspect is that you should have realistic expectations regarding record clearance. What is important to remember is that record clearance is never guaranteed. An honest attorney should make it a point to let you know these facts.
Ideally, you should make it a point to follow all rules and regulations for record clearance. If you fail to follow the rules, then your criminal record may remain available forever.
Another crucial aspect is that you should give your attorney detailed information about your criminal offense. If you do not give all the necessary information, then the judge who will review your petition may object to the expungement.
Your attorney will have to do more work in this situation, and he will have to submit an amended petition in this situation which will have the details of the undisclosed offense.
Remember that expungement is a sensitive matter, and you cannot afford to go wrong here. You should make it a point to consult an attorney who has a good reputation. The best way to get an idea about the reputation of the lawyer is that you should check out their reviews.
You can even request your lawyer to give insight about their client portfolio. If your lawyer has an impressive history, then there are chances that your case will also end up in your favor.
Submit an Application
Your attorney will help you out to fill the application related to record clearance. Once you fill out the application, then your attorney will submit your application to the court for the judge’s review.
There is also a possibility that the attorney may draft the petition, and may send it to you for your review. When you review the petition, then you must also check that the petition does not miss out any important details. The petition information will have a significant impact on the end results also.
When you submit your petition, then it is also essential to list down the reasons due to which you need expungement.
In most of the cases, it is vital to submit some fee when you submit an application for record expungement. After submission of the application, a hearing date will get announced. The good news is that if you have a competent attorney, then he can also attend the hearing on your behalf.
Get Ready to Attend the Hearing
The hearing will give you and your lawyer a fair chance to present your point of view. The judge has the freedom to accept or reject the pardon request. There are times when a court may decide to give you a provisional pardon. The provisional pardon means that your records will not get cleared, but you will still get a chance to apply for loans or a job.
If the hearing goes in your favour, and expungement gets granted, then the court will send an order to different databases for the removal of conviction record. However, do keep in mind that the process may take some time.
Once the expungement gets granted, then you need to take another important step. You need to get the digital copy of the court order also. Plus, you will need to get a certified letter from the court that no record is available.
The court will conduct a history check. You will need to give your name, birth date, and expungement date. The court will check its records. If no records are available, then you will get the certified letter. You can use this letter to deny your arrest.
Myths About Record Expungement
Now, there are many myths that people have in mind when it comes to record expungement. There are times when background check companies make mistakes in their record. If you think that they will correct the mistake on a phone call, then you are wrong.
You will need to give evidence to the companies like the expungement order to make sure that they remove your records. Another misconception most people have is that if they give the latest information about their expungement to the background check companies, then the records will get updated automatically.
What you need to keep in mind is that every company has a different procedure, and this is why you need to be aware of those procedures. You need to follow these procedures to get the information updated.
If you have criminal records, then you should not get panic-stricken by any means at all. Make it a point to follow the suggested steps. It will not be a bad idea to be upfront about your concerns to the lawyer.
If you want your expungement case to go well, then it is mandatory that you should get answers to your queries. The benefit of this practice is that you will put up your record expungement request with confidence.