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If your record has not yet been expunged, the quickest and easiest way to check if your record is eligible for expungement is to take this free online eligibility test or call (877) 573-7273 for a free expungement eligibility assessment.
Sealed records are technically still there, but they are no longer part of the public record and can only be accessed and reviewed by way of a formal court order. Expunged and sealed records can sometimes show up on criminal background checks.
When an Expungement is granted every entity that has any record of the criminal offense is ordered to destroy the record. The result of the Expungement is that the criminal offense expunged will never show up on a criminal background check.
For the most part, private employers, landlords and others who perform a background check on you will not find your expunged records. After your record is expunged, in most states you are legally permitted to answer “no” when asked about criminal records on employment or rental applications.
Once you have had your criminal record sealed or expunged you should to go to the Clerk of Court (where your case was filed) and request a criminal records check. The term used may vary from Clerk to Clerk, but basically it is a criminal history check through their records to see what they have in their files on you.
While you may truthfully testify under oath that you have never been convicted of a crime when your record has in fact been expunged, the government still maintains evidence of your conviction and may use it against you in the narrow and specific circumstances allowed by state law, such as the situations described
The courts perform work on a first come, first served basis. So the sooner a petition is filed, the sooner it will be reviewed. Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.
In some cases, a court hearing is required, after which a judge will decide whether to grant the expungement. Also, once you obtain an expungement order, you may need to serve it on different agencies who may also have records related to your arrest or conviction, such as your state's department of corrections.
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