Vacating and Expunging Criminal Records

Having a criminal conviction on your record can impact your life. Employers may not hire you, colleges may not accept you, the bank could turn down a loan and a professional license may be denied. By removing a criminal conviction from your record, you can make applications without any worries. Attorney Scott Staab can assist you in having unwanted criminal convictions vacated from your record.

Removing Criminal Convictions on a Record

It’s important to realize that sealing or destroying a court record does not necessarily affect the records held my law enforcement agencies and other government agencies. Requesting that a criminal conviction be removed from these agencies must be made directly to those agencies.

It’s also important to understand the differences between vacate, expunge and seal. A vacated conviction is where the court withdraws a judgment or guilty plea and dismisses the case. While you can than legally say that you’ve never been convicted of a crime, you cannot say that you’ve never been charged with a crime. And while the conviction has been vacated, it is still open to the public.

Expungement refers to the removal of this non-conviction data from state patrol records. Many employers rely on state patrol records, so it’s critical that this information is accurate and up to date. Sealing the court record removes the record from public view. Getting a court record sealed is a tough process. The court will determine if the record can cause an interested party a serious and imminent threat.

Types of Convictions that May Be Expunged

Here’s a list of convictions that may be expunged:

  • Misdemeanor criminal convictions, including traffic offenses, DUI, shoplifting, drug possession, theft and vandalism
  • Juvenile criminal convictions
  • Felony criminal convictions (the process is more difficult than misdemeanors)

Eligibility for Conviction Removal

With most misdemeanor offenses, you can petition the court to expunge your record as long as you haven’t been convicted for another crime in the past five years. The removal of felony convictions requires a longer waiting period, and the process is more complex. Attorney Scott Staab will prepare all of the needed paperwork while obtaining other information to convince the court to give you a fresh start.

Electronic data mining is a fact for employers, insurers, banks and creditors to reduce their exposure to liability. Even if your criminal conviction is years old, it may still cause you a hardship. If you’re seeking to remove a criminal conviction from your record, turn to attorney Scott Staab for help.