What is all about Expungement?
This is the process in which the record for arrest and conviction is sealed in favor of the person previously convicted of a crime. And notably, every state has laws allowing people to expunge arrest and convictions from the criminal record. That means that once the record has been sealed or expunged, it cannot be disclosed to certain people including the potential employers and landlords.
Eligibility in Expunging Criminal Record
Considering that the rules regarding the expungement vary in different states, it is thus necessary for the person requesting for such to investigate first the procedures being followed in particular jurisdiction, and that would certainly require assistance from a competent lawyer. Nevertheless, this can get started by checking the law enforcement agency or criminal court handling the criminal arrest or case. And the relevant questions that have to be clarified can include (1) offenses that are eligible for expungement, (2) date for the person to be eligible,(3) processes involved in expunging criminal record, and (4) consequences of expungement.
Securing Certificate of Actual Innocence
By getting this certificate, the person is greatly benefited considering that it can be used not only to seal previous record, but also to prove that a record has not existed at all. For instance, when certain charges are filed but later dropped, or the case is brought to trial yet the accused is not found guilty, the person can still obtain such certificate so as to establish that he is really innocent of the offense.
Juvenile Offenses and Drug Crimes
Persons who have been arrested and convicted for juvenile offenses or drug crimes may be benefited by the lenient rules followed for expungement of criminal record in many jurisdictions. Specifically, the juvenile offenders can have easier time in sealing or expunging the record given the option provided for by the state when reaching the legal age which is usually set at 18. On the other hand, the adult offenders convicted of drug crimes may go through diversion programs to secure eligibility for expungement of record upon completion.
Given the foregoing, it is indeed the best option among those who were convicted of DUI or any other criminal offenses to request for the expungement of their record after serving the sentence.