Sometimes people make mistakes. Unfortunately, past criminal mistakes can have an adverse effect on your entire life, including your profession, your ability to receive student aid and housing or to possess a firearm. If you have a criminal arrest or conviction, it may be possible to clear your record by having the arrest or conviction expunged, vacated, or sealed.
The attorneys at CHUNG, MALHAS & MANTEL, PLLC pride themselves on providing personalized attention to each client, and will meet with you to discuss the possibility of clearing your record and thereby restoring your rights and reputation. Our attorneys will provide you with an honest opinion regarding your ability to clear your record, and discuss with you the process of expunging your record.
Erasing Past Mistakes
Expungement is available to those who have been arrested but never formally charged or to those who had their case dismissed without a trial. Expungement of the arrest report is possible after a two-year waiting period from the date of the investigation. The process involves either writing a letter to the law enforcement agency requesting deletion of the data, or obtaining a court order instructing the agency to destroy the records.
Vacating a conviction is available to those who were convicted of a crime and then complied with the terms and conditions of the sentence without further convictions for a specified period of time. If a client meets the requirements, a felony or misdemeanor offense can be removed from the public record. The waiting period to vacate a criminal conviction depends upon the crime:
- Misdemeanors: Three years must pass from the date that you completed all terms and conditions of your sentence.
- Class C Felony: Five years must pass from the date that you completed all terms and conditions of your sentence.
- Class B Felony: Ten years must pass from the date that you completed all terms and conditions of your sentence.
By statute, some convictions can never be cleared from your record, such as DUI’s, Class A felonies, and crimes against persons. Furthermore, adults are generally eligible to have only one crime cleared from his or her record. Juveniles may be eligible to have more than one conviction cleared.
Sealing your court record is the most difficult process of the three. Done at the discretion of the court, sealing your record requires that a judge perform a balancing test of a number of statutory and common law factors against the public’s interest in having access to the court record.
Call for Legal Advice Today
No matter what criminal charges your public record reflects, we know that it does not define your character or the person you are today. Everyone makes mistakes, and if you have completed your debt to society and are ready to get on with your life, we are here to help. If you interested in getting a new start, contact CHUNG, MALHAS & MANTEL, PLLC at (206) 264-8999 for a consultation.
More Topics Related to Criminal Defense Law:
- General Overview on Criminal Defense Law
- Driving While Intoxicated Law
- Drug Possession Charges
- Federal Crimes Defense
- Mail Fraud Defense
- Gun Possession Law
- Attended and Unattended Hit and Run Laws
- Misdemeanor Offense
- Murder Defense Law
- Violating Probation Law
- Sexual Misconduct Law
- Theft Law
- White Collar Crimes Overview