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Kent County Expungement Lawyer

If you were ever convicted of a crime but have turned your life around, you should have the opportunity to start over with a clean slate. A Kent County expungement lawyer can help you get that clean slate by making certain convictions from your record nonpublic.

Even if the information remains on your record, it will no longer be available to the general public, such as potential landlords or employers. Just because you made a mistake in the past does not mean you have to pay for it for the rest of your life.

Speak with a seasoned criminal defense attorney to figure out what options you have to make your record unavailable to the public.

What Crimes Cannot be Expunged

There are a number of crimes that unfortunately may never be expunged from a person’s public record. These crimes are:

  • Traffic violations
  • Felonies that have a maximum penalty of life in prison
  • Criminal sexual conduct
  • Certain computer crimes involving a minor
  • Crimes regarding child sexually abusive material

One exception to this is that a person convicted of criminal sexual conduct in the fourth-degree prior to January 12, 2015, may be able to have that expunged if they did not commit more than two other minor offenses.

Minor offenses refer to crimes with a maximum prison term of 90 days, fine less than $1,000, or if the person was under the age of 21.

Eligibility for an Expungement

An individual is eligible for expungement after five years of a conviction, or five years after they have completed probation or imprisonment. Generally, any crime that is not specifically forbidden to be expunged can be expunged. Also, the person cannot be convicted of more than one felony or more than two misdemeanors.

Even if an individual had a conviction deferred or dismissed, it may still be considered a misdemeanor that can count towards the two misdemeanor limit. This law can be difficult to understand, which is why it is helpful to speak with a Kent Country expungement lawyer who can help the defendant determine if they meet the eligibility requirements for an expungement.

Expungement Process

When asking that a record be expunged from the public, an individual must fill out an application to set aside the conviction. One must be very careful in filling out this form and be completely accurate when doing so.

Since this is such an important form, it can be helpful for a person to speak with a Kent County expungement lawyer to work with them as they fill it out. Then, that person has to file the application with the court in which the conviction occurred.

It is important to understand that while these records are not available to the public, they will still be on an individual’s record. So, in certain circumstances, this information will remain accessible. For example, this information will be available if someone is applying for a job in law enforcement. It can also be used against a person if they are being sentenced for another crime.

Benefit of a Kent County Expungement Attorney

A Kent County expungement lawyer can help you figure out if you are eligible for the expungement process. Then your lawyer can help you fill out and file your form with the proper court to make sure your expungement goes through.

Being convicted of a crime in the past does not mean that you have to carry it forward with you to your future. This is especially true if you were convicted of a minor misdemeanor and do not want it hanging over your head and getting in the way of better job opportunities.