Have you heard of an expungement? Do you know what it can do for you or someone you love after a conviction? Sadly, not many people understand what an expungement is or that it even exists. For those who do know of it, though, they must also be aware of eligibility requirements.
While the idea of expungement is great—being able to seal a criminal record from public view—there are some important factors that need to be considered. Most important of all: not everyone qualifies for expungement and it’s limited to certain eligibility requirements.
It used to be that first offenders may be eligible to seek expungement depending on the severity and nature of their crime. However, expungement is now available to individuals that meet these requirements:
- No more than one felony conviction
- No more than two misdemeanor convictions if not of the same offense
- No more than one felony and one misdemeanor conviction
These requirements are still subject to disqualification from expungement based on various serious crimes.
Who Doesn’t Qualify?
Any First or Second Degree Felony
If someone is convicted of a first or second degree felony, they may not be eligible for expungement upon release. This includes those convicted of serious crimes such as murder, rape, kidnapping, or abduction.
Any Crime In Which a Mandatory Prison Term Is Sentenced
Some offenses carry a mandatory prison sentence upon conviction. Should the accused receive this sentencing, the record will not be eligible for expungement and will remain available to various organizations and parties.
Sexual Offenses Involving Minors
Typically, most sexual offenses may disqualify someone from seeking expungement, but when the crime is an act against a minor, they may not be eligible to seek to have their criminal records sealed.
When someone is convicted of a violent crime such as sexual battery, rape, aggravated assault, or domestic violence, they may not be eligible to have their records expunged.
At The Meranda Law Firm LTD, we have a strong understanding of expungements and how they are handled. We know what needs to be shown to seek expungement and the aspects of the situation of which you need to be aware. Trust our knowledgeable expungement attorneys in Columbus to defend your rights.
Call us today to discuss your situation.