Are you concerned about your criminal record having a negative effect on your future? You're not alone. Fortunately, there are actions to take. A criminal conviction doesn't have to stay on your record forever. On the contrary, a criminal attorney can help you to have your criminal record expunged. Here's what to know about the expungement process and how it occurs.

The Benefits of Expungement

This refers to the legal process for removing any record of criminal conviction from someone's record. It is virtually the same as a pardon, but it occurs after the fact. The record of the conviction is wiped from the record as though the crime and subsequent conviction never occurred. With the criminal record wiped clean, you regain your full rights and privileges that are normally surrendered in the case of felony convictions. You can vote, buy firearms, and have an easier time getting a job.

How to Determine Eligibility

Expungement mostly occurs with state-level convictions for just about any misdemeanor and for most felonies. Very serious felonies, like rape or murder, are not eligible, but many lower-level ones often are, including for drug possession. Different states have different requirements to qualify, which might include completing a diversion program and waiting a minimum number of years with no record of additional criminal convictions after completing your sentence.

Expungement and Plea Deals

Many repeat offenders have preexisting conditions for expungement placed by courts that convict them. A criminal attorney might arrange a plea agreement that includes completing substance abuse counseling or a corrective program in exchange for more leniency. A plea agreement would likely include a waiting period after completing a probationary period with no other criminal offenses occurring. After meeting the conditions, the offender could petition the court to expunge the report.

The Higher Eligibility of Teen Offenders

Teen offenders generally face more lenient requirements for expunging records, possibly due to lower rates of subsequent serious offenses. In fact, according to youth.gov, most teens who committed serious offenses reduced their offending over time regardless of interventions. In many cases, misdemeanors and low-level felonies qualify for expungement for teen offenders. During the conviction, the judge will often lay out conditions for eventual expungement if the criminal attorney requests it for a teen client. The conditions often include completing a diversion program, going to school, and ceasing criminal activity. A waiting period might also apply before the teen offender can request one or more criminal convictions be expunged.

Expungement in the Case of Federal Conviction

If you're convicted of a federal crime, the potential for expunging the record is slim. The only federal crimes that might qualify to be expunged are low-level violations of the Controlled Substances Act, which includes a very narrow range of offenses. Any other federal conviction triggers a permanent criminal record that even the best criminal attorney could not help you to get expunged.

How Expungement Requests Are Reviewed

The process for filing court requests to expunge records is a relatively simple one. A criminal attorney can help you to obtain the correct forms, list any convictions you want to be expunged, and then file the request along with any fees that might be required. The court can review the request and either seek more information or approve or deny the expungement request. If the court asks for more information, you might need to provide proof of completing a diversion program or similar requirements that might exist to qualify for expunging records. If the request is denied, you might have the option of appealing the decision. When the request is approved, the court will issue a date for expunging the conviction from your record.

You can schedule a consultation with an experienced criminal attorney who can be a great source of help in filing requests. Your attorney can help you to understand the process, obtain the correct forms, and fully support the filing with any evidence that might be needed to affirm you have met all conditions for expungement. A properly prepared, supported, and filed request can be approved by a court in a relatively short period. Improperly filed requests might take more time or possibly get rejected. For assistance with these requests, contact our expert team at the Law Offices of Jason Pollack, Esq today.