Waynesville Expungement Lawyer

When you’ve had to answer the question, “Have you ever been arrested, charged, or convicted of a crime?” during an application process, you know that this creates a dilemma for you if you had been. There could be consequences if you answer no and are found out later. If you answer yes, there still could be adverse effects. The legal difficulties you had can negatively affect your chances for a beneficial result when applying for:

• Employment
• Educational grants, loans, work assistance, or graduate programs
• Licensing and certifications in certain professions
• Insurance that would result in higher premium rates
• Loans that you would be ineligible for or charged higher interest rates
• Housing from private landlords
• Volunteering to participate with youths and associated activities
• Federally funded public assistance or food supplement assistance
• Foster parenting or adoption

Even if you have been arrested, charged, or convicted of a crime, there is a way in which you can answer no to this application question without adverse effects. File an expungement petition. An expungement is a legal process to remove criminal convictions or charges from a person’s record. Then, the records that contain arrests, charges, and convictions are sealed or destroyed. When the courts grant your expungement, you can truthfully deny any expunged arrests, charges, or convictions without fear of consequences.

Misdemeanor crime convictions are eligible for expungement but only under certain conditions. For example, misdemeanor crimes of first offenders under the age of 18 at the time of the conviction, not including traffic violations, or a person who was convicted of a misdemeanor crime of possession of alcohol and the crime occurred before they turned 21 years of age can file for an expungement. 

Nonviolent misdemeanor and felony crimes with no age limit can also be expunged under certain conditions. All nonviolent misdemeanor crimes that are without the essential component of assault, unlike Class A1 misdemeanors pertaining to the assault of a female, assault with a deadly weapon, child abuse, and sexual battery, are eligible for expungement, no matter at what age you were convicted. 

Nonviolent felonies eligible for expungement fall under the Class H and I categories and should also not have the element of assault. Examples of nonviolent felony crimes that can be expunged under this statute include:

• First-degree forgery or forgery of notes, checks, or securities
• Theft of property worth more than $1,000
• Financial transaction card theft
• Breaking or entering into motor vehicles

Felony crimes under Class A through Class G classifications cannot be expunged. An offense involving impaired driving or a felony offense in which you used a commercial motor vehicle to commit the crime will also not be eligible for expungement.

You must also consider when you’re allowed to file for expungement after your conviction. In the case of nonviolent misdemeanors, you can file five to seven years, depending on if it is just one conviction or more than one, after the date of the conviction or after you served any active sentence, period of probation, or post-release supervision, whichever occurs later. Each crime listed in the statute eligible for expungement has its own time period that must pass before you can file a petition.  

The expungement process can be complicated depending on your unique circumstances. You can file for an expungement independently, but hiring a expungement lawyer in Waynesville will ensure you are guided through the process efficiently and effectively. There is a filing fee to petition for an expungement. Because of this, you’ll want to be sure that you meet specific eligibility requirements, have the necessary documents and witnesses to support your petition, and file your petition after the appropriate time has passed. 

An expungement lawyer will be able to advise you on whether you are eligible for expungement and for which of your crimes might be expunged. They have vast knowledge of the procedures needed to file a petition in different counties. Lawyers know that some expungement petition procedures may need a judge’s signature to request criminal record checks, while others may require scheduling a hearing. An expungement attorney is well-versed in the different expungement statutes and their requirements.

If scheduling a hearing is required to resolve your petition, an expungement lawyer can represent you during the hearing. They are knowledgeable and experienced in following the rules of procedure and evidence required in court. A Waynesville expungement lawyer at King Law can also guide you through the appeals process if the courts deny your petition.