A criminal record can impact your life long after the case has been resolved. A record might make it harder to find a job, apply to school, or secure housing. Fortunately, expungement may offer a fresh start. There are some important steps to follow when expunging a case at both the state and federal level. 

Wondering if you qualify? Read on to learn more about the process. 

Expungement at the State Level 

It is important to understand that not every offense is eligible for expungement. Sometimes, specific offenses have waiting periods after completion of a sentence or probation. For example, STETs and PBJs (probations before judgment) are eligible regardless of offense after 3 years. A Not Guilty, dismissal, or nolle prosequi disposition (where a prosecutor drops criminal charges) is eligible for immediate expungement. However, it is best to consult an attorney to determine if you are eligible prior to filing for expungement. 

State court expungements are handled by filing the necessary forms in the court where the case was completed. Oftentimes, there are several steps one must take, including using the correct form for your specific circumstances. 

After the paperwork is filed, there is a 30 day waiting period before the judge may sign off on it. However, if the state objects to the expungement, a hearing will be held to tell the judge why you believe you are entitled to have your case expunged.

Removing an Offense from Your Federal Record  

While your case might be expunged at the state level, your case might remain in a federal database. This means it will show up on a background check. Because state courts cannot order a federal agency to update or clear files, there is a different process to remove an offense from your federal record. 

First, you must petition the FBI with an official expungement court order. This means you must request an Identity History Summary Check, gather the correct documents including the state-level expungement order, then submit the necessary paperwork. 

DNA Expungement 

DNA expungement is the process in which your DNA, including fingerprint data, is removed from the FBI's National DNA Index System. To expunge this data, you must submit a written request to the DNA Database Unit. An attorney can help you with the proper paperwork to complete this request. 

Next Steps for Expungement 

Expunging an offense can feel like a weight lifted off your shoulders. While it may be a lengthy process, there are many benefits. Steve Rakow is committed to helping clients determine whether they qualify for expungement and guiding them through every stage of the legal process with knowledgeable, personalized representation. 

Find out if your case is eligible for expungement and get the legal help to do so by calling 410-600-3075 today! 

Call now!