Expungements
The Law Offices of Adam L. Pearlman represents people who want to get rid of their past criminal record.. This legal procedure is called an expungement. If you have been arrested or convicted of a criminal offense you have a criminal record and might qualify to have your criminal record "expunged." WHAT DOES A CRIMINAL RECORD CONSIST OF? A criminal record is a history of all of your arrests and convictions. WHAT IF YOU ARE STILL ON PROBATION? You cannot be on probation to get an expungement. In this situation I would petition the court to terminate your probation successfully. Once that is accomplished your conviction can be expunged. WHY WOULD YOU WANT TO "EXPUNGE" OR SEAL YOUR CRIMINAL RECORD? Having a criminal record impacts your ability to obtain credit or to get the job you want. There are other serious consequences of having a criminal conviction. For example, in today's tight economy employers are doing extensive background checks before hiring new employees. Apartment complexes often reject tenant applications based on criminal convictions. Criminal records can affect your ability to obtain a professional license. A potential employer or landlord can easily obtain your criminal record or history. Law enforcement agencies, (Police and Sheriff's departments), Court and County clerks' offices, prosecutorial agencies (District Attorney, City Attorney, U.S. Attorney), and the FBI maintain criminal histories. Many of these records are now available to the general public by way of the Internet. If your criminal record is expunged then you are legally allowed to say that the conviction or arrest never occurred on documents such as job applications, rental applications, or for many other purposes. CAN ALL CRIMINAL RECORDS BE SEALED OR EXPUNGED? No, not all criminal convictions can be expunged. All misdemeanors and most felonies can be expunged. If you served a prison sentence on the case, you cannot expunge the conviction. Please contact Adam Pearlman to determine whether your conviction can be expunged. HOW DOES THE EXPUNGEMENT PROCESS WORK? After it is determined that you qualify for an expungement, my office prepares a petition or motion that must be signed by the client. This motion is filed with the Court and a copy is sent to the appropriate prosecutor's office. A hearing date is scheduled in Superior Court. At the hearing the Judge will consider the specific facts and circumstances in your case. Your record will be reviewed, or checked, to see if you have successfully completed your probation and whether you have picked up any new arrests or criminal convictions. In addition, the Judge will listen to the prosecutor, as well as your attorney's arguments before deciding whether or not to grant the expungement motion. HOW LONG WILL IT TAKE TO GET YOUR RECORD EXPUNGED? The process usually takes 2 to 4 months to complete locally. It takes an additional 2-4 months to have your record expunged with the Department of Justice (DOJ). WHAT IS THE DIFFERENCE BETWEEN AN EXPUNGMENT AND SEALING YOUR RECORD? An adult who suffers a criminal conviction can get the conviction expunged (if eligible) but cannot get his/her record sealed. A minor who suffers a criminal conviction can get his/her record sealed. Sealing your record is more thorough than an expungment but is only available to someone who was convicted of a crime as a juvenile. If you were convicted of a crime as a Juvenile, call me today so that we can seal your juvenile record. |