People who have made a grievous error with the law can pay for 15-20 years or even longer because of the existence of a criminal record that is public information. Therefore, not only can the public access your criminal record, but so can housing and loan officers, admissions offices, potential employers and friends and family. The existence of a negative issue on your record can lead to any number of embarrassing or difficult situations which could all possibly be avoided by having that record sealed or expunged by a court. Further, expunging your criminal record can be a significant benefit to your life and could aid in your career advancement, admission to college or other academic program, securing affordable housing and/or loans, and may also affect various other aspects of your life.
Expungement is a complicated and evolving area of the law with updates as recent as May, 2013. Essentially, two categories of expungement exist. One is called statutory expungement which includes certain controlled substance crimes, certain juvenile offenders prosecuted as adults, and certain criminal cases that do not result in convictions.
The other type of expungement is called inherent authority expungement and it involves all other crimes. While this expungement can seal up only judicial records, it may be accompanied by a court order that reads: "This order restores the petitioner to the status occupied before the arrest. The petitioner will not be guilty of perjury for failure to acknowledge the arrest or proceeding in response to any inquiry made for any purpose." For this type of expungement an attorney from Caplan & Tamburino Law Firm, P.A. will argue that because of hardship and rehabilitation your criminal record should be sealed. The court then considers the following factors in deciding whether your criminal records will be sealed:
- The extent that you have demonstrated difficulties in securing employment or housing
- The seriousness and nature of your offense
- The potential risk that you pose and how this affects the public's right to access the records
- Any additional offenses or rehabilitative efforts since the offense
- Other objective evidence of hardship under the circumstances
Call us today at (612) 444-5020 so that we can begin working on your expungement.