Can I Remove An Arrest From My Record?
So, you want to know if you can remove an arrest. The good news is, you can have certain arrests or convictions cleared from your permanent record. This is known as having the arrest or conviction expunged. We all know, past mistakes can destroy future opportunities. Expungement restores your name and allows you to pass employment background screenings without embarrassment. With corresponding good behavior, minor offenses can be removed from your arrest record.
Can I Clear My Criminal Record?
Four major factors come into play:
- The Nature of the offense
- Criminal History
- Legality of the Arrest
First, consider the nature of the crime. There is a time when the court decides eligibility for expungement. Petty offenses, bad behavior, even DUI’s may be expunged. However, more serious crimes, felonies, especially those that involve sexual violence or the underage, cannot.
Next, time is a factor. Juvenile offenses can’t be expunged until the offender reaches the age of 18. For others, after five years, minor offenses, misdemeanors and DUI’s may be expunged. Following a period of good behavior, a judge may order the removal of an arrest or conviction.
In addition, criminal history is taken into account. The court considers the nature of other offenses as well as the timeline of the offending behavior. The court will consider recent wrongdoings. Good behavior is crucial to successfully having your record expunged.
Finally, was the arrest legal? If not, then you have a great chance to remove an arrest. You may even have a civil case. All the same, our courts are largely fair and if an arrest can be demonstrated to have been illegal, then you should argue the same to the court. But first, contact competent legal representation.
What Should I Do if I Want an Arrest Removed from My Record?
It’s always a good idea to contact a lawyer. A practicing attorney will answer any questions you may have and help you understand if your case is likely to be expunged. He or she will understand the documents the court requires to be filed and what the court needs to see for the case to be successfully expunged. Contact an expungement attorney to learn more.