What To Do After Your Expungement Is Denied

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Fighting Charges Successfully

Have you ever been accused of a crime that you didn't commit? I have, and it wasn't fun. About three years ago I was at work when the police swarmed in and took me into custody. They told me that I was being accused of a serious crime, and I was really frustrated with how I was being treated. I knew that I needed to stand up for my rights, so I talked with my family and secured a criminal attorney. She helped me to prove my side of the story and be vindicated for the charges, and I was really pleased with the help I received.


What To Do After Your Expungement Is Denied

24 December 2017
 Categories: , Blog

If you have a criminal record, you may find yourself turned down when applying for work. However, you do not have to continue to live with a criminal record. You may attempt the process of having your criminal record expunged. However, if the claim is denied, there is more that you can do.

You Can Appeal

Having a denied expungement appealed is not an easy feat. You may attempt to appeal the denial. If the that attempt is denied, you are allowed to file for expungement again. There is no limit for the number of times you can apply, so you might as well apply as often as you can.

Increasing Your Odds

You will usually need to be a first-time offender to have your records expunged. Those who only have a drug offense are also more likely to have their records expunged. Also, if you were a juvenile, you are more likely to have your records expunged.

If you are struggling to have your criminal records expunged, you are best off working with a criminal attorney. You will want to prove that you are not a danger to society. An attorney can also help you determine whether a charge can be expunged and whether you can have a charge dropped. For instance, you may have a charge dropped from a felony to a misdemeanor. 

Sealing Your Records

If you cannot have your records expunged, you may attempt to have your records sealed. A record that is sealed will still be there, but will not be available to the general public. Records that are expunged are treated as if they have never happened. Just like with an expungement, you will increase your chances of succeeding if you work with an attorney while having your records sealed. 

Seeking a Pardon

Another option is to seek a pardon. Then, you will have certain rights restored, such as the right to own a firearm. You will first need to finish probation or parole. The downside of a pardon is that you are not allowed to say on a job application that you do not have a criminal record. Also, pardons are not very common.

Receiving a Certificate of Innocence

If you believe that you were actually innocent, you should go one step further than expungement and seek a certificate of innocence. This certificate will indicate that you should not have been charged in the first place. You must petition the law enforcement agency that arrested you. Then, you will have a hearing. 

Contact a firm, like Goodman Katz Koonce & Maroc, for more help.