Are you worried that a past conviction is diminishing your prospects for employment or harming your reputation if someone decides to do a background check? After some time has passed it may be possible to have an old conviction or arrest record sealed and expunged. Consulting with an attorney is the best way to determine whether or not you qualify for an expungement. Only particular cases are eligible for expungement and the clearing up of the criminal record.
When your record is expunged, the details about the crime are legally blacked out, removed, or destroyed from computer files. It makes it as though you never had those charges on your record.
Kansas law does allow for legal expungement of convictions as well as arrest records for any crime in which a jury found the accused not guilty or in which the charges were later dropped. The purpose of achieving an expungement is to be able to honestly answer that you were never arrested or convicted for an offense when filling out information on a job application or a college application.
When a prospective employer, landlord, or someone else performs a background check, the state in the majority of cases will not be able to disclose your conviction or your prior arrest if your record has been expunged. However, bear in mind that law enforcement officials are not responsible for destroying your expunged records. In the event that you are charged with a new crime in the future, the crime for which you have received an expungement may come into play. Furthermore, if you have lost your right to possess a firearm as a result of a previous conviction, you do not regain this right through expungement.
In terms of expungements in Missouri, only a select few criminal charges are eligible for expungement. You are typically eligible for expungement if you were arrested but never charged and if there are no other felony or misdemeanor convictions on your record. The Missouri laws are changing in January 2017 to allow and encourage employers to hire those with an expunged record.
The majority of offenses, including certain violent felonies, may be eligible for expungement, but some crimes like child abuse, murder or sex crimes cannot be expunged. A new Missouri law, however, aims to help those with criminal records to have those convictions expunged. Individuals who may be able to have their criminal records expunged include those convicted of minor in possession of alcohol, DWI, and arrests based on any false information. Those who plead down a DUI or DWI to a lesser offense may be able to have their records expunged as well.
For the majority of crimes, you can clear your convictions and arrest three years after you've satisfied the sentence or served your sentence. Certain higher level felonies may require a five-year waiting period. You are only eligible to receive expungement when you've satisfied your sentence in terms of parole, a prison sentence with no post release, diversion, probation and all fines and court costs have been paid.You will need to pay a filing fee in order to have your record expunged as well. An expungement can be a significant step forward to restore your civil rights and allow you to apply for new employment opportunities without worrying about the past conviction or arrests haunting you for many years to come.
Greg Abella works hard to clear your name and get your criminal records expunged so that you can move on with your life. Getting legal help from a talented Missouri/Kansas criminal lawyer is essential when trying to get your records expunged. Attorney Abella’s goal is to respond assertively to potential problems and charges and to keep the client informed at each stage in the process.