How Long Does an Expungement Take?
If the state convicted you of a crime and you want to have the record expunged, the process can take, on an average, from 30 to 120 days.
Contact an Expungement Attorney to Make Sure You Cover All Your Bases
That is why you should work with a criminal defense lawyer or expungement attorney. They can support your needs and ensure a faster resolution if you want an expungement and you do not want to face a delay.
What Is an Expungement?
An expungement erases a criminal history, making it unavailable to the public. The goal is to make it appear as if a conviction, indictment, arrest, or trial never occurred.
Each state has different rules and eligibility requirements.
Eligibility Requirements
Generally, you qualify for an expungement if:
- A criminal case resolves in your favor
- You completed probation without violations
- You paid restitution, fines, and fees
- You completed the required community service or court-imposed counseling
Some crimes like serious sexual assault crimes or murder aren’t eligible for expungement.
How an Expungement Works
An expungement will not erase your criminal record completely. Some law enforcement agencies can still access the information. However, an expunged record will not appear in a background check or public record searches. Therefore, employers can’t use it against you.
Factors That Influence the Length of Processing for an Expungement
Your expungement will hinge on whether your case is a misdemeanor or felony, the details of the case, and the time between the conviction and filing. Also, the process may take longer if the court has a busy calendar.
How to Check on Your Expungement Status
You and your lawyer can check the status of a petition for expungement online. You can gain access to your state’s public access portal. If the state denies your petition, your lawyer can check into scheduling a hearing.
Expungements Are Designed to Erase a Conviction
On the other hand, expungement destroys or dismisses a conviction on a criminal record. Therefore, the state removes an expunged record from your criminal history so no one knows that a conviction or arrest occurred.
While an expungement won’t make a past conviction go away on a police background check, your record will show that the conviction was dismissed in the interest of justice.
How Long Do You Have to Wait to Petition the Court to Expunge Your Record?
The time you have to wait to file a motion to expunge your criminal record depends on the offense and the circumstances of the case along with your jurisdiction. Following is what to expect with respect to a timeline or the amount of time you’ll need to wait.
Misdemeanor or Infraction
As an example, in California, you can file a petition to expunge your record a year after the court issues a judgment.
Felony
If you completed your sentence and probation, or if you completed your sentence and it’s been two years, you can petition to have your record expunged. If you were sentenced to county jail, you’ll need to wait two years.
Felony Reduced to a Misdemeanor Crime – called “Wobbler Crimes” in Some States
If you live in a state with a wobbler offense that the state can reduce to a misdemeanor, you can possibly file for expungement after a year. Many wobbler crimes in California, for example, can wobble between a felony and a misdemeanor. If mitigating circumstances exist or the state hasn’t charged you with the crime previously, your attorney can have your charge(s) reduced.
Examples of Wobblers
Examples of wobbler crimes include:
- Being an accessory after the fact
- Money laundering
- Vehicular manslaughter
- Battery (with injury) on a police officer
- Sexual battery
- Assault with a deadly weapon
- Child endangerment or neglect
- Statutory rape
Some states allow you to expunge wobbler convictions, so you need not include the crime on most employment applications.
Early Terminated Probation
You can petition for expungement once your probation ends. However, you can’t expunge some crimes, even if you fulfill your probation.
These crimes include child pornography, certain sexual assault crimes, the commission of lewd acts with a minor, and a refusal to allow the police to inspect your vehicle.
Probation Not Granted
If the court does not grant probation, you must wait one year after the court issues a judgment.
Talk to an Expungement Lawyer About Your Eligibility for Expungement
Speak to an expungement lawyer about your eligibility and how you can move forward once you’ve served your time. Whether you serve probation or not, you’ll need legal direction and advice.
When You Can’t Request an Expungement
You may not petition for expungement if you received new charges, are currently on probation for another crime, or have served time in a state prison. The state may delay the dismissal of your record if you’ve received further charges.
Always Talk to an Expungement Lawyer First
Talk to an expungement lawyer about expungement to ensure your future rights and take advantage of opportunities.
What a Criminal Expungement Can’t Do
Your dismissed conviction can increase the punishments you receive in future criminal cases.
What Are the Major Benefits of Expunging a Record and Talking to an Expungement Attorney?
There are several reasons to expunge a criminal record. Most reasons center on getting employed, finding housing, getting a student loan, or qualifying for a professional license.
Some people want an expungement simply for peace of mind. An expungement represents the final closure of a past mistake.
Speak to an Expungement Attorney About Erasing Your Criminal Record Now
Now is the time to learn more about the expungement process. If you want to erase a conviction or an arrest, speak to a Burbank criminal defense lawyer who handles expungements. Put the past behind you and consult an attorney today.