Common Mistakes to Avoid When Expunging Your Criminal Record

Expunging your criminal record can be a life-changing event. It can give you a fresh start and allow you to pursue opportunities that would otherwise be unavailable to you. However, it's important to avoid making common mistakes during the expungement process, as these mistakes can lead to delays or even denial of your petition.

Here are some of the most common mistakes to avoid when expunging your criminal record:

1. Not being eligible for expungement

Not all criminal records can be expunged. Some offenses, such as felonies and violent crimes, are typically ineligible for expungement. Additionally, there are often waiting periods that must be met before you can apply for expungement.

Before you start the expungement process, it's important to consult with an experienced criminal defense attorney to determine if you are eligible.

2. Failing to disclose all of your criminal history

When you apply for expungement, you are required to disclose all of your criminal history, even if it is not eligible for expungement. Failing to disclose all of your convictions can result in your petition being denied and may even result in additional charges.

It's important to be honest and upfront about your criminal history when applying for expungement. Your attorney can help you to gather all of the necessary documentation and ensure that your petition is complete and accurate.

3. Filling out the paperwork incorrectly

Expungement paperwork can be complex and confusing. If you make mistakes on your paperwork, it can lead to delays or even denial of your petition.

It's important to have an attorney review your paperwork before you submit it to the court. Your attorney can help you to ensure that your paperwork is complete and accurate, and that you have met all of the requirements for expungement.

4. Missing filing deadlines

There are strict filing deadlines for expungement petitions. If you miss a deadline, your petition may be denied.

It's important to keep track of all of the filing deadlines and to submit your paperwork on time. Your attorney can help you to keep track of the deadlines and ensure that your paperwork is submitted on time.

5. Not appearing at court hearings

In some cases, you may be required to appear at a court hearing to present your case for expungement. If you fail to appear at your hearing, your petition may be denied.

It's important to appear at all scheduled court hearings for your expungement petition. Your attorney can help you to prepare for your hearing and ensure that you are well-represented.

6. Not following the court's orders

Once your expungement petition is granted, you will be required to follow the court's orders. For example, you may be required to pay a filing fee or to complete a period of probation.

It's important to follow all of the court's orders carefully. If you fail to comply with the court's orders, your expungement may be reversed.

7. Not understanding the limitations of expungement

Expungement does not erase your criminal record. It simply seals your criminal record from public view. This means that law enforcement and government agencies will still have access to your criminal record.

It's important to understand the limitations of expungement before you start the process. Your attorney can help you to understand the limitations of expungement and to determine if expungement is right for you.

8. Not being able to afford an attorney

Expungement can be a complex process, and it's important to have an experienced attorney on your side. However, many people cannot afford to hire an attorney.

If you cannot afford to hire an attorney, there are a number of legal aid organizations that can help you. You may also be able to find a pro bono attorney who is willing to represent you for free.

9. Giving up too easily

The expungement process can be long and complicated. There may be setbacks along the way. However, it's important to not give up.

If you are committed to expunging your criminal record, your attorney can help you to navigate the process and overcome any challenges that you may face.

10. Not being patient

Expungement can take time. It can take several months or even years for your expungement petition to be processed and granted.

It's important to be patient and to understand that the expungement process takes time. Your attorney can help you to stay informed about the status of your petition and to answer any questions that you may have.

Conclusion

Expunging your criminal record can be a life-changing event. However, it's important to avoid making common mistakes during the expungement process.