You can seal your arrest record if you have been arrested but never convicted. There are three ways to seal an arrest record; completing deferred adjudication probation and being discharged, deleting the documents, or obtaining a court order barring the forms. For these to be done correctly, it is essential to enlist the help of a lawyer. Police records will stay on file until they are sealed or expunged from public view, and new background checks will show sealed or expunged arrests in most cases.
Anyone with a criminal history is at risk of not being hired as an employee and will have trouble finding a house if their criminal history is not clean. You must hire a lawyer immediately if you face criminal charges and want to have your arrest record sealed. You can choose to have the record sealed so that it no longer shows up on background checks, but the form will still be available to the police.
Getting Rid of Uncharged Arrest Records:
First, you will need to speak with a lawyer and have them file a motion to seal your record. The court has to agree that there was probable cause for the arrest and that it was unwarranted. You may have also been charged with a crime for which you recently pled not guilty or were found not guilty because of insanity, so the charge may be dropped or dismissed before the case is heard in court. When looking at felony charges, you should hire a lawyer because these cases require more time and money than others. If you are planning on trying to get your criminal record sealed, then the right attorney is vital since their experience in this area will keep this from becoming a major headache for you.
Government Agencies:
The FBI maintains a centralized filing system for all criminal history files currently on record in different places. When a police officer arrests you, the officer takes your fingerprints, which are not kept together with your arrest record. However, when you are convicted of a crime, your fingerprint card will accompany your criminal file into this centralized filing system. Now you know how to seal an arrest record, let’s take a look at some of the specifics regarding the law.
Court:
You will need to file a petition in the court where you were arrested. If that court is unwilling to seal your records, you should move your case to a different court, usually one further from the arrest location or closer to your place of employment, if this was the reason for moving.
The Judge:
You will likely face opposition when fighting for your right to an arrest record seal. First, people must convince the judge that it was unwarranted and should not be on file. Judges do not like changing records, mainly if they have formed an opinion on someone based on their criminal history profile. It is why it is always essential to hire a lawyer in New York, NY when looking to clean up your arrest record. The judge will not be eager to alter a form after the fact, so you must show them concrete proof that the arrest was unwarranted.
Conclusion:
Seek legal advice from a lawyer if you believe that you have enough evidence to seal your record. Convicted felons cannot fill their records, and they may need to wait ten years or more, depending on the nature of their crime, to have their record expunged. Once your arrest record is sealed, people will have difficulty finding the information, which can help you obtain employment and housing.