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How To Expunge A Criminal Record

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Authored by Jayant Row in Legal
Published on 05-02-2009

A criminal record can be expunged or removed from the official records. This option is available in some states and can greatly help an individual who has had a criminal record who has since led a blameless life. The fact that he has a criminal record quite often is a hindrance for employment, leasing of a residence and even for purchasing of a firearm.

Expunging a criminal record is known as Vacating the Criminal Conviction in legal terms. An old conviction, even on a minor charge can come in the way of any person who is trying to lead a normal life, and who has led a blameless life ever since that misdemeanor that caused the conviction.

Once the criminal record is expunged, it enables the person to state on his employment application that he has not been convicted. This is because the Vacating the Criminal Conviction Act enables the person to have his criminal record officially removed from the files, and thus any background check would not indicate any conviction. Thus his application for a new job or even promotion in the existing one does not face any legal hurdles.

This expungement enables the person to completely erase an unpleasant past, when the conviction may have occurred for a very minor charge, or due to poor judgment coupled with immaturity. So as far as the rest of the world is concerned the person has an absolutely clean slate and is trustworthy.

Background checks when you rent a home or even apply for a loan to buy a new home have become the norm. So if your past has a criminal record you could encounter problems when you try to rent that home or ask for a loan to buy that new home. So if the criminal record from your past is erased or vacated, you would not face any hindrance.

There are times when a person feels the need for a firearm, such as when one has been attracted to the sport of hunting. This is when you do apply to the authorities for permission to buy that firearm. If you have a criminal conviction, it is certain that your plea will be rejected. So if you do manage to get the criminal record expunged, you would face no problems if you apply for that firearm.

For turning into a professional and getting a license to operate in a particular trade you would also need to ensure that your record is clean and does not show any criminal conviction. This is where expungement of the criminal record will come in handy if you have had the black mark on your record. The expunged record would also demonstrate that you are responsible enough to follow all due legal processes and face the problems that your conviction had on your life.

Criminal conviction records can be vacated or removed from the files in just a few weeks. This can also be done in case the conviction against you is proved to be erroneous, and in such a case the authorities are bound to remove such criminal records and even return the records to you. In some states, in case of judicial reprieves, the records may be destroyed or sealed for ever. It may also be possible to remove the judicial records in such a case so that no link remains to the person.

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