If you have a criminal record you may have questions on what types of records can be removed. We did research and found out what types of crimes might get expunged. Let’s face it having these records after you have paid your debt to society can carry negative and unwanted consequences.
What crimes can be expunged? This depends because court records are handled at the state level, and each state may have different procedures and guidelines. With that said there are common aspects for expungement that most states have in common they are:
- Criminal proceedings that were:
dismissed, found not guilty, acquitted after trial.
- He or she was released before criminal charges got filed
- The type of crime must be eligible for expungement of a particular states law
- He or she has met the proper waiting period
- No pending charges for that person
- Any programs have been completed like community service, probation, etc
- Fines have been paid
What does expungement mean?
If you asking to remove a criminal record your asking to have that criminal record expunged. Expungement is the correct legal term in removing or erasing that record completely. Keep in mind that this is different from sealing a record. A sealed record is still in existence but it is sealed from public view. That means that the record can still be accessed by police and other law enforcement agencies. Just not the general public.
Are minors treated differently than adults in terms of the expungement of criminal records?
Yes. Most states have different laws in terms of criminal expungement for minors. A lot of states have laws in place to expunge a minor’s record automatically. While this process may be easier then if an adult tries to expunge a criminal record there are conditions that should be met. They are typically accompanied by the following types of documents:
- Acceptance of service
- Certificate of eligibility
- The victim and Prosecutor statements
- Consent and waiver of hearing
- Petitioner reply
- Victims checklist
- Finding of fact and conclusions of law
Are there expungement lawers?
Yes, there are and an experienced expungement lawyer can help you get your criminal record sealed or expunged. They will help in letting you know if you meet the requirements of an expungement, file the proper paperwork and represent you in court. They will also let you know what crimes can be expunged in your area right off the bat.
If you have a more serious crime like a felony case hiring an experienced expungement lawyer is a good idea as someone with experience to represent you in the process could be well worth the investment.
How do you know if your criminal records were expunged or sealed?
Once you have had your record sealed or expunged you should then either go to the clerk of courts where the case was filed and request the record be checked. This is a history check to see if the record is indeed gone and not viewable.
Running a criminal record search online
Try using a search service to locate your own criminal records or anyone else criminal and public records with just a first and last name. Start below with a name and hit search to start.
Expungement petition forms by state
The below links are to each state petition for expungement records. This will help in explaining what crimes can be expunged. Whether it is a felony or misdemeanor will make a difference so keep this in mind. If you have questions you should search out an attorney in your area that specializes in criminal and expungement cases.
Alaska request to seal criminal justice information PDF file (Alaska Department of Public Safety
Wisconsin Circuit Court Forms to petition to expunge criminal records