In today’s world, having even the slightest scratch on your background checks can cause several problems going forward in life. This is why many people wish to be expunged from their criminal records. This is an effective way for you to revert your status to what it used to be before your entanglement with any illegal activity.
Although this sounds awfully easy to do so, all things related to legal issues can get quite complicated and there may be variables that may prevent you from getting expunged.
In this article, you will learn possible reasons your petitions for expungements aren’t approved.
A Brief Explanation of Expungements
Before we dive deeper into the possible reasons your petitions for expungements aren’t approved, first, you need to know what expungement really is.
Legal matters need to be handled professionally, otherwise, you will complicate the matter even further than before.
An expungement refers to one kind of lawsuit where an offender of the law wishes to have his or her criminal records destroyed or sealed so as to not be available to the public. This is a kind of civil action where the petitioner can ask for their records to be sealed away from the public.
There are different proceedings under different jurisdictions. In some places, the records may be removed from general review and there are some other jurisdictions that may not even completely destroy the records.
In case the records are not destroyed and merely sealed, anyone related to the law may still have access so that proper legal action may be taken if required. Subsequent convictions are one reason for this.
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Reason 1: You Have Been Proven Guilty
The first and most obvious reason your petitions for expungements aren’t approved is if you were found guilty of the charges placed on you. This brings us back to the problem of a massive red flag on your background checks.
Whether you had a lawyer for help or not, if charged guilty by the law, then there is not much to be done. Generally speaking, no jurisdiction will let your record be expunged if you were found guilty. The records may be sealed but they will always be available for use if necessary.
Even if it was a minor offense that you were guilty of, chances are that you will have to live with it for a long time, if not your entire life. This means that you’ll have to face issues with employment and overall status in the public eye.
If you encounter such a scenario, especially one where you believe that you should not be found guilty, hiring the best lawyer will help you prove that you are not at fault.
Reason 2: The Court Petition or Records are Inaccurate
As with most criminal records, there tend to be two sides to the story. One is your side, and the other is the side of the victim or the law.
If your petition or the records available to the court are inaccurate, then this can be one of the possible reasons your petitions for expungements aren’t approved.
Furthermore, many people make the mistake of taking care of the petition and the records by themselves, even if they have little to no experience in this subject. This may be because they wish to avoid the fees of a lawyer or because they don’t believe the matter to be of any seriousness as they believe they are not at fault.
Again, a lawyer is your best bet to get out of this problem. There are lawyers for several different purposes.
From car accident lawyers to trial lawyers, there is no end to the services you can acquire with a reasonable sum of money. These people are experts in the legal department and will ensure that you receive the best deal you can get.
Reason 3: The Criminal Record Consists of Offense that Cannot Be Expunged
Although a good lawyer can do a great deal for you, if you are convicted and found guilty of a serious offense, then there is only so much they can do.
Additionally, if the criminal offense is one that the jurisdiction finds to be of utmost seriousness, then your efforts of getting an expungement are a lost cause.
Different jurisdictions may have different treatments for some offenses but there are some circumstances where you are completely denied an expungement.
Murder, sexual assault, kidnapping, robbery, criminal solicitation, injury, or indecency towards a child, etc are all felonies that will not be expunged under any jurisdiction.
Furthermore, there are also cases where the paperwork is done well and requirements are met, but there is still no approval for your expungement.
One of the reasons your petitions for expungements aren’t approved may be that the prosecutor is the one that originally charged you with the offense. If you feel like your civil rights are violated by the prosecutor, then you should hire a competent attorney for help.
In reality, there are often situations that are deeper than they seem in which case it is not unnatural for you to want an expungement, especially if you believe that the conviction was unfair. That being said, justice still needs to be served to those who are the actual perpetrators, which is why your case will face the same treatment as all the rest.
Hire the right people, do the right paperwork and meet the requirements.
Lastly, remember that prevention is the best cure. We hope that this article has served its purpose in helping you understand some possible reasons your petitions for expungements aren’t approved and we wish you good luck in your future endeavors.
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How to Know if I am Eligible for Expungement?
The seriousness of the felony and the time passed since the records were created are important variables. Other than that, you should also do some research on how your jurisdiction processes expungements.
How Long Does an Expungement Usually Take?
Generally, an expungement can take from about 8 to 12 weeks. The variables of the case play an important role in the duration it takes for the petition to unfold.
What Crimes Cannot Be Expunged?
Any form of violence, sexual assault, mistreatment of children, and other criminal activities such as kidnapping or terrorism are all criminal charges that are ineligible for expungements.