Expungement is one of the most common forms of post-conviction relief. It allows a person with a prior record to remove blemishes that could prevent them from continuing their education, securing housing or developing their career.
Expungement allows those who have served their sentence and avoided new charges to seal the record of their prior criminal offense and rebuild their lives. It is a legal process that must balance the needs of the individual with the protection that the general public derives from ready access to criminal records.
Those with criminal records must wait a certain amount of time before they are eligible for an expungement. How long after a conviction must defendants wait before they petition for expungement?
The offense determines the waiting period
There are different rules for expungement depending on the severity of the offense. The more significant the criminal accusation and the greater the risk to the public, the longer people must go without reoffending to be eligible for expungement.
If the sentence was for probation, people can apply for expungement the day after their probation ends. Those with misdemeanor convictions who did not receive a sentence of probation may be eligible for expungement a year from the date of their convictions. For those with felonies that led to a state prison sentence, people must wait four years after serving their sentences to be eligible for expungement.
Those hoping to expunge prior records or pursue other forms of post-conviction relief may need support from a legal professional. Reviewing criminal records with an attorney can help those hoping to expunge a record determine if they are eligible, and how much longer they must wait to seal a prior record.