How Expungements Can Give You a Second Chance in Life
Criminal records are major setbacks for a person aiming to better their life. After a person commits a felony; criminal records remain in the court system, meaning that the said records are the point of reference when trying to understand a person’s behavior. They deter one from seeking employment opportunities, loans, mortgages, owning licensed weapons, and many other benefits provided by the Government to the public. The California court system has provided victims of such circumstances a second chance to build their lives by clearing their criminal records. Other than Government interventions, legal professionals such as Expungement Attorneys have played a significant role in providing expungement services to the general public.
What Does Expunging A Record Mean?
Expungement, also known as expunction, is a service provided by the court of law through a court order to dismiss a criminal conviction. That means that the crime is erased from the government system and also erased in the eyes of the law. Commonly, it is referred to as setting aside a criminal conviction. However, it is imperative to understand factors to consider when seeking an expunction. For example, it depends on the laws and provisions provided by a specific State. Some States allow expungement procedures while others keep criminal records unless proven innocent.
How to Start an Expungement
Most people find themselves in a situation where they can’t meet their life expectations since their criminal records have limited opportunities. Such people try to find the most effective solutions with a bid of having a second chance in life.  The first process is seeking legal advice from a competent Expungement Attorney.
The attorney has to analyze the condition and type of case the accused person is seeking expungement since every kind of case has different types of forms. Secondly, the case must be filed within the county the accused person was convicted. However, it is essential to understand the procedures used in different counties as they might vary. For inexperienced people, the procedures might sound complicated and confusing. Contacting respective court clerks and seeking legal advice would be a solution for such people since they have a duty of providing the required guidelines and procedures.
In case the expungement is granted, different authorities have to be served with certified copies of the expungement order. First, the court clerks have to erase the criminal charges from the respective systems (it depends on the methods used in different counties). The clerk then forwards a certified copy to the Courts administrative offices. The Certified copies are also served to the appropriate arresting agencies, which are then expected to delete the criminal charges from their records.
Legal Effect of an Expunction
Most people have been wondering after an expungement process is cleared or approved, what next? Convicted or arrested people fail to understand that after their expunction process is cleared, their criminal record is erased from the Government’s system. That means they have the right to keep it a secret. After the expungement process is cleared, they are free to seek job opportunities and any other financial services that require a criminal record background check. The criminal record search conducted by such institutions will not reflect an expunged record.
Conditions that Warrant Expungement of Criminal Records
Not all felonies qualify expungement of criminal records. Some conditions have to be present for the court to make such considerations. One of the qualifications include the age limit. The accused person under the age of eighteen (18) and the maximum age of twenty-two (22) could qualify for expungement only if it were the first time committing the crime.  For an Expungement Attorney to consider representing a client seeking expungement of criminal records, they must not have been involved in a violent crime such as robbery with violence or domestic violence.
Another consideration includes a case that proved the accused person was not guilty. Also, the waiting period plays an influential role when seeking an expungement. For example, if the accused person was charged with a misdemeanor or felony and is reduced to from fifteen (15) to ten (10) and five (5) years, respectively, they are considered for expungement.
Based on the conditions illustrate, the court has to ask several questions before approving an expungement. For example, they must consider; What was the case outcome or disposition? Was it guilty or not guilty? Secondly, what is the age of the accused person? Do they meet the age limit of eighteen (18) to twenty-two (22)? Third, what type of crime was the accused person involved? Was it violent or non-violent? Are there any other cases or convictions that could disqualify the accused person? Was it the first time they were committing the crime? Finally, how long is the waiting period? Without any of the factors present, as mentioned earlier in a case, the expungement of a criminal record can’t be actuated.
Are Expunged Proceedings Completely Erased from Government Records?
In a literal sense, an expunged record is considered erased from the eyes of the law. However, it is noble to understand that it is not completely deleted from the system. The files are still accessible to select and limited institutions such as criminal courts, law enforcement agencies such as the police and Government agencies. Limited access is also known as “Record under seal.” There are specific reasons for keeping such records. First, when a person is convicted for the second time, or during illegal immigration proceedings, the court and other law enforcement agencies can use the expunged record as proof for a prior conviction.
Every person deserves a second chance. Therefore, it is important to hire an Expungement Attorney if you have been convicted of a crime in the past. A mistake done in the past should not dictate one’s success and opportunities in the present.  All people are prone to errors. For that reason, the judicial system has enabled people to seek second chances by modifying their criminal records. Although in some cases, the criminal records might be cited in future accusation, they act as a foundation for seeking personal freedom and peace. Other than misusing such opportunities, it is essential to make personal lives better and also affect others positively.