Have you been charged or arrested for a crime that was later dismissed, or you were found not guilty? If so, you shouldn’t have to live with that record haunting you for the rest of your life. It
can become difficult to obtain a job, a mortgage, or even buy a car when you have an arrest record. Fortunately, you do have the option of getting the record expunged. Getting a record expunged, can either mean, having the record physically destroyed or having it sealed, but this varies by state.
The first step in getting your record expunged is to fill out a petition for expungement.
This petition includes:
1) Basic Information
2) Arresting Agency
3) An Offense Description
4) Verification of Pardon (proof of dismissal or not-guilty verdict)
5) Findings And Order (by the Presiding Judge)
Once the Court orders the record to be expunged, it will be destroyed or sealed. Either way, if you are asked on an application if you “have ever been arrested or convicted of a crime?” you
may answer “no.” This isn’t always a slam dunk though. There are many reasons why the Court would deny your petition of expunction.
Reasons That May Make You Ineligible For Expungement
These could include: (1) the case is still open, (2) it was a federal crime, (3) you have a pending arrest, or (4) the crime is too severe to be expunged. Only a few felonies are eligible to be expunged, and there is typically a waiting period after the dismissal or verdict before expungement is allowed.
While it seems like a fairly straightforward process, it can become complex. If you believe you were arrested and the charges were later dismissed or a verdict of not guilty was entered in your
favor, contact Tarlton Polk PLLC and we can assist you in working towards erasing it from your record for good.