Even after an individual has paid their debt to society for their criminal conviction, a criminal record can have long-term consequences, making it difficult to move forward with their life. A Rochester expungement lawyer can answer your questions about the expungement process and determine if you are eligible to have your criminal record sealed.
The legal team at Kohlmeyer Hagen, Law Office Chtd. has extensive experience helping people navigate the expungement process. A criminal defense attorney can help you explore your legal options and determine if you qualify for filing for expungement.
Expungement refers to when a criminal record is sealed, treating it as if it never occurred. If expungement is granted, the criminal record is deleted and, therefore, not accessible to the public in a background check. If a person wants to access the criminal record, they must receive court approval. After a criminal record is expunged, the petitioner may say that they were not convicted of a criminal charge when applying for a job.
The legal process for filing for expungement can be complex. An experienced expungement lawyer in Rochester can answer questions about eligibility and legal requirements.
Various types of convictions may be expunged, including certain types of controlled substance offenses. If a juvenile was prosecuted as an adult, they can seek an expungement. A record may also be expunged if the case was resolved in favor of the petitioner. Additionally, if a petitioner completed a diversion program or received a stay of execution, they may be eligible for an expungement.
The court will also consider prior convictions before granting an expungement. For instance, if a person was convicted of a petty misdemeanor, a misdemeanor, or a gross misdemeanor after a specified waiting period with no additional convictions, they may be granted an expungement. If an individual was convicted of certain felonies, they may request an expungement after a specific number of years.
A Rochester attorney skilled in handling expungements can assist a person in determining if their criminal history qualifies them for expungement.
A Petition for Expungement must be filed with the court. In the petition, an individual must list all prior criminal charges and convictions, including those from other states. They must also explain why they are requesting the expungement and explain positive steps they have taken to move forward, such as treatment and other types of rehabilitation.
After the Petition for Expungement is submitted, the court will schedule a hearing. At this time, the petition and notice of hearing will be served to the relevant agencies to ensure that proper notice is given regarding the person’s request.
The expungement process can be complicated and lengthy, typically taking at least four months. A knowledgeable lawyer can guide an individual through the process of requesting a criminal record expungement in Rochester.
The criminal expungement process can be challenging to navigate and time-consuming. A Rochester expungement lawyer can ensure that all documents are properly completed and submitted.
The team at Kohlmeyer Hagen, Law Office Chtd. has helped countless individuals successfully file for expungement. A criminal conviction does not have to follow you for the rest of your life. Call our knowledgeable attorneys today to review your case. They can assess your eligibility for expungement and discuss possible next steps.
