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Conviction Records – How To Clear Them
If you are
applying for a job, security clearance or professional license, cleaning your
conviction records may be one of your primary concerns. You may be allowed to
clear conviction records only if you have already finished your probation and
followed all court orders; and if there are no new charges against you.
Applying For Record Clearance
In order to clear your
conviction records, you must file a Record Clearance Application. This
application requests the court to revoke your original guilty plea or if you had
trial, request the court to set aside the guilty verdict.
Only when the court has
granted your request for a record clearance can all the original charges be
dismissed; hence, your conviction records be cleared.
Take note though that
even when your conviction records are cleared, a cleared conviction may still
count against you as a “prior” conviction. It would be best to tell your
employer about this cleared conviction if you are asked about it.
Expunging And Sealing
Conviction Records
Expungement is a way to
clear conviction records. If your conviction records are expunged, they are
considered as non-existent. However, this is allowed only if legal action filed
in a court where the person is convicted is reversed, set aside or dismissed.
People want their
conviction records expunged primarily because they are ugly blemishes in their
personal history. They adversely affect their chances of getting hired. Also,
they want to reinstate their right to vote. If you have the same reasons,
expunging your conviction records is the best thing to do. Take note, however,
that expungement does not guarantee that your employer will not be able to know
something about your previous convictions.
If you were a juvenile
offender, you may request for your conviction records to be sealed. In some
jurisdictions, sealing of records of juvenile offenders is automatically done
when he reaches adulthood.
Getting A Pardon
If one does not qualify
for an expungement, the best option is to apply for pardon. Pardon is an
executive action issued by the President or the governor, which is capable of
lifting effects of conviction, either partially or completely. There is no
standard system for applying for a pardon among jurisdictions. Normally, one
must serve out his sentence first in full before he can be considered for a
pardon.
Getting A Copy Of Your Conviction
Records
The first thing you have
to do to clear your conviction records is to get a copy of the records. The
process of obtaining a copy of conviction records depends on the authority that
holds them and your purpose for which you are going to use the documents. You
may get copies of your conviction records from police agencies and FBI. Online
sources are also available. You may check
RecordsSiteReviews’ reviews of
Criminal Records database for more information about this subject. |
