We are all human, and sadly sometimes our youthful indiscretions can lead to life-altering consequences. If you have old convictions for crimes you committed a long time ago, they may still be affecting your life. Criminal defense lawyers are often asked whether a crime can later be expunged. To help you better understand your rights, consider the following.
What is Expungement?
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Getting a conviction “expunged” simply means getting a court order that tells the various state entities and agencies to get rid of their records. In general, this means telling police departments and county clerks to destroy any record of your arrest or conviction. This is a broad description of the process, and it’s important to note that in most cases this is a state law issue, meaning it will not erase FBI records or federal crimes. Those are a different matter altogether.
What Exactly Can Be Expunged?
It’s important to note that not everything can be expunged from your permanent record. The following are just a few examples of items that are eligible for expungement. Remember that eligible just means you have a right to try; it does not mean expungement is guaranteed or automatic. There are a number of other things that can be expunged as well, depending on the circumstances.
- Charges that were dismissed
- Charges where you were found not guilty
- Writing bad checks (first-time offenses)
- Marijuana possession that resulted in a conditional discharge
- Failing to stop for an emergency vehicle (first-time offenses)
- Most charges that were resolved through pre-trial intervention or an alcohol education program
- Other offenses where the conviction occurred before age 25
Items That Cannot Be Expunged
There are a good number of offenses that are considered ineligible for expungement. For instance:
- DUI/DWI convictions
- Most traffic citations and motor vehicle violations
- Most charges involve fishing or hunting violations
- Most gambling-related charges
- Majority of violent crimes, such as rape, murder, or armed robbery
What Should I Do If My Conviction is Ineligible For Expungement?
It can seem hopeless when you are trying to rebuild your life after an old conviction, but just because you have a conviction that is ineligible for expungement does not necessarily mean you are without options. There are two other possible options.
First, ask yourself why you need the expungement. Is it in order to regain voting rights or your Constitutional right to bear arms? If so, you may be able to get these rights restored despite your conviction, depending on the circumstances and nature of the offense.
Second, you may wish to consider seeking a pardon. This is actually not as hard as it sounds, although it is a bit of a long shot. You can request a hearing before the Department of Probation, Pardon, and Parole Services. This is a discretion call for the Department, so with the assistance of a skilled lawyer, you may be able to put on a sound case for your pardon. The Department will look at a number of factors in particular, such as how old the crime was, your age at the time, your life since then, and your chances of repeating the offense. The Department will also look at things like how your pardon could affect the community or your victims.
Get Legal Experienced Help Today!
If you need help fighting criminal charges or you are curious about your chances of getting your record expunged, contact Lauren Taylor Law to find out more and discuss your unique situation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.