Thursday, June 21, 2012

Expungement - How Long Does it Take to Expunge a Criminal Record?

#1. Expungement - How Long Does it Take to Expunge a Criminal Record?

Expungement - How Long Does it Take to Expunge a Criminal Record?

In legal terms, an expungement is a legal course where someone who is a first time offender tries to have the records of their offense sealed by the courts, thus making them unable to be seen in police and federal criminal databases. When the article is sealed, the legal term generally used is that it has been "expunged", essentially making it as if it never even happened. You should not get the terms "expunge" and "pardon" confused however, as they both mean very distinct things in the legal system. When a criminal article is expunged, as far as every person is concerned, the article never existed in the first place. If someone is granted a pardon, they essentially given forgiveness, but the article still remains on their profile and is never erased.

Expungement - How Long Does it Take to Expunge a Criminal Record?

There are a whole of reasons why someone would seek expungement and every legal jurisdiction is free to set their own rules concerning how the course is carried out. It is widely thorough that the word expunge means to take a article away from where it can be seen for normal review. However, a large whole of states have provisions set up so that the expunged records are not gone fully from databases that are accessible by police officers, judges, who made need the data to determine time to come sentencing and lock up facilities, which may house an inmate for a time to come conviction.

Keep in mind, though, that not just any crime can be expunged. There are definite crimes that are eligible and others that are ineligible for expungement. Most crimes are able to be expunged as long as a definite whole of requirements are met beforehand. Some of these comprise things like waiting a definite whole of time in the middle of the crime and requesting expungement, not having anymore associated crimes, having less than a definite whole of crimes, the cannot be too serious of an offense, and a probation duration completed. Some of the crimes that are ineligible to be expunged comprise felonies where the victim was younger than 18, rape, sexual assault, corrupting someone who is underage, sexual annoyance and obscene gestures aimed at or pornography inspiring an underage individual.

As mentioned earlier, each jurisdiction can set its own expungement rules. And each state can determine what can qualify to be expunged, as well as determine to not allow any records to be expunged whatsoever. If a article is eligible to be expunged, it can take everywhere 3 months and sometimes as long as year for more complicated crimes. The midpoint should be around 6 months however.

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