What Criteria Must Be Met For Expungement?
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What Criteria Must Be Met For Expungement?
April 22, 2021

What Criteria Must Be Met For Expungement?

Posted in : First Page Attorney
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hire a criminal defense lawyer to ward off conviction

The prospect of living with a criminal record that makes it difficult for you to do things like get a job or buy a car for the rest of your life can be downright terrifying. Criminal records can be accessed by potential employers, colleges, lenders, landlords, and banks, all of whom may deny you service as a result. 

That said, some criminal offenses can be expunged, or eliminated, in some circumstances when certain criteria are met. The following are a few examples of scenarios that may be considered eligible for expungement.

Case Dismissal 

In most cases, case dismissals are fairly easy to have expunged. That said, the type of dismissal you receive plays a role in whether you can expunge a charge from your criminal record or if it will remain on file. A dismissal with prejudice means that a judge has finalized the closure of your case and it cannot be reopened. A dismissal without prejudice means the reverse; prosecutors may charge you again or reopen your case if evidence allows. The latter type of dismissal is harder to have expunged. 

No Charges by the Court   

Individuals who were arrested for a crime but did not receive formal charges may be eligible for an expungement of their records. Many people erroneously assume that if a court of law does not charge you with a crime that you do not have a criminal record. They may be surprised to learn that arrest records are still present in a person’s criminal history unless they are sealed. 

Conviction Reversal Following an Appeal    

An appeal is a legal option afforded to all defendants who are found guilty during a criminal trial. This means you ask a higher court to review the actions of the lower court to determine if there was any wrongdoing. An appeals court won’t hear your case and make a new decision, but they will inform the lower court to either try the case again or dismiss your charges. After this happens, those related criminal records may be sealable or expungable. 

What a Seasoned Criminal Defense Lawyer Can Do For You    

An experienced attorney can help you file an appeal after a conviction and can work with you to have your records sealed or expunged in certain cases. Contact Criminal Defense Lawyer Jesse Adams for your consultation today by calling 413.585.9200. We are available now to provide you with the zealous legal representation you need.

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