Legal Blog

You have been stopped for a suspected DUI offense in Los Angeles; should the officer who stops you read you your rights. It may surprise you to learn that US law is such that the answer to this question is, not necessarily. The thing about the Miranda warning, which is commonly referred to as Mirand...

You may think that your silence cannot be used against you in court; this is not entirely true. This is not to say that you should volunteer information if you are pulled over on suspicion of a DUI; doing so is not usually a good idea. But, if you remain silent, this can be considered a sign of guil...

If you are injured as the result of an assault at work, it can be costly, in terms of your health and loss of earnings. The good news is that there are actions you can take if you are assaulted. These actions can help you get the support you need with expenses that occur as a result of the assault. ...

A criminal court proceeding can be a daunting thing, whether you are charged with a crime, or whether you are being asked to testify in a case. There is a lot of pressure on a person when they take to the stand and are asked to swear an oath that they will tell the truth. Everyone has to do this, al...

Hiring an attorney is an important process, and one that many people put a lot of effort into getting right. However, even if you thought you hired a reliable attorney, there is always the chance you will encounter problems. Californian law is such that, if your attorney is guilty of malpractice, yo...

If you are injured in Virginia due to someone else's negligence, you may be considering filing a personal injury lawsuit. While it's important to work with a competent and experienced lawyer, it helps to have an understanding of the state's laws and statutes of limitations. Statutes of Limitations V...

DUI (driving under the influence) charges are normally misdemeanors but in many situations they are seen as being gross misdemeanor offenses. In the event you are convicted you can be faced with license suspensions, jail, fines and many other penalties. The big problem with DUI charges is that in ma...

Harassment and discrimination will appear at the workplace in so many different possible forms. Unfortunately, this is a problem that is still not solved, although this is something that many large companies would like you to think. The good news is there are various federal and state laws that are ...

Personal Injury lawsuits can occur due to car accidents, slip and falls, and any other negligent act from another party that leads to the injury of another person. When a case is filed in court and a settlement is made, there are two main forms of damages: 1.Special damages, which are lost income, m...

Despite the criminal liability for the cultivation and spread of cannabis in the most countries of the world, the marijuana market becomes bigger every year as more and more people start smoking this kind of drug. At the same time, marijuana is an active anesthetic that is used in medicine. Toronto ...

In 2015, the National Highway Traffic Safety Administration estimates that 3,477 people were killed in distracted driving-related accidents. To help curb this growing problem, many states have implemented laws that ban the use of cell phones while driving. Here's what you need to know about cell pho...

Bicycle accidents can be deadly when the bicyclist is hit by an automobile. Negligence will play a role in the accident, and this negligence will result in the bicyclist's injuries. The rider may be at fault for the accident, but in many cases, the bicyclist was the victim. You can file a personal i...

Asbestos, a known carcinogen since the 1940s, has many former shipyard workers experiencing the effects of its toxicity today.The fibers of this deadly mineral are so durable that they can remain in the body for years. The long latency period between asbestos exposure and illness means that asbestos...

"Trusts and Estates" stands out as a really broad category that currently includes trust administration, elder law, probate law, estate law, estate planning and much more. The trusts and estates lawyer (example here) will help clients to: Avoid probatePlan for owner incapacityReduce taxes for real e...

A chargeback is the consumer's last line of defense against fraud and other inappropriate credit card charges. Under state and federal law, credit card companies are required to offer chargebacks to consumers for disputed charges. Chargebacks are essentially refunds for consumers with valid disputes...

Many people have made mistakes in their life. They might have committed a crime when they were very young and foolish. Having a criminal record is something that can haunt you forever. It can prevent you from getting a job or accepted into a good school. It can also seriously limit your ability to t...

When you need a personal injury lawyer, you deserve the best. And that means doing the research and taking the time to find the best. While sifting through hundreds of listings for attorneys can seem daunting, it's not as hard as it seems. These tips can help you find the best attorney for the job. ...

Two cars collide in an accident on the highway. One driver takes off, and the other driver, unable to get his car started, is stranded on the side of the road. He makes a police report of the accident, but the other driver is nowhere to be found. What happens next? Does the stranded driver have any ...

Many people have heard of traumatic brain injury (TBI) even if they've never directly dealt with it. If a loved one has been recently diagnosed with TBI, or if you believe a loved one may have undiagnosed TBI, read on for an overview of the causes and effects of TBI. What causes TBI? TBI, as the nam...

A criminal record can make it more difficult to land a job or even rent an apartment. Depending on the conviction, expungement may be used to essentially "erase" the charges in the eyes of the law.

The expungement process varies from state to state, and cannot be used for certain types of convictions. While not entirely erased in the literal sense of the word, expunging a record can make it easier for a convicted criminal to lead a normal life.

What is Expungement and How Does it Affect Your Record?

Most criminal records are available to the public, which means employers and landlords can find this information if they search for it. Expungement will alter your record by either diminishing the offense or removing it altogether from public record.

Convictions or arrests are "sealed," so the conviction does not have to be disclosed and the public will not find record of it.

Expunging a record is not the same thing as erasing the record. While the slate is wiped clean in the eyes of the law, the conviction is not erased entirely.

Certain government agencies, including criminal courts and law enforcement, will still be able to see these convictions on your record. 

Determining Eligibility of Expungement

Whether a conviction is eligible for expungement depends on a number of factors, including:

• Your criminal history
• Jurisdiction
• The nature of the crime
• The amount of time that has passed since the conviction or arrest

In some states, like New York, criminal convictions cannot be expunged. In New Jersey, you can apply for expungement immediately if the charges were dismissed.

While every state has its own requirements for expungement, most will require you to meet at least one of the following criteria:

• First-time offender
• Being a juvenile when convicted
• Misdemeanor conviction or arrest (instead of a felony conviction)
• Served out the sentence
• Drug offense

There are a few ways to determine whether you're eligible for expungement. One way is to meet with a lawyer who specializes in expungement.

A lawyer, well versed in local laws, will review your record and determine whether it's possible to pursue expungement.

Another option is to visit the state courthouse and inquire about the requirements you must meet to have your record expunged.

The Expungement Process

If you are eligible for expungement, the first step is typically to file a petition for expungement. A fee will be required, and you will have to wait for the courthouse to process the paperwork.

Some states will require a hearing with a judge before records can be expunged.

When filing a petition, it's important to do your research to ensure that you're filing it properly and in accordance with state laws. One small mistake can cause a delay in the processing or force you to start over again.

Some states have special rules regarding expungement:

• Florida and some other states require you to obtain a certificate of eligibility form. Along with this form, you will need a copy of the case's disposition and fingerprints.
• California and some other states require you to fill out and file a Petition for Dismissal form, Order for Dismissal form and a Declaration.
• Some states require you to file the petition in the same county where you were charged with the crime.

Because the expungement process can be complex, you might consider working with a lawyer who will help navigate you through the process.

Expungement isn't your only option if your goal is to conceal your criminal record from the public. You may choose to have your record sealed instead. A sealed record is still invisible to the public, including employers, creditors and private investigators. But these records would still be visible to law enforcement and the courts, and would be considered a prior offense if you are arrested again in the future.