Expungement Hearing

Expungement is a process in which a person can remove his or her conviction or criminal record. This process has been used by millions of people since 1812 to help them legally regain their freedom. In order to get the court to agree to expunge a person’s records, they must have clear intent to clean their past. To be eligible for this process, the court must find that the defendant is not remorseful for his or her criminal behavior and that there was no reasonable way for the criminal action to have been resolved in a more lawful manner.

 

An expungement hearing is different than a retrial. This process involves gathering evidence against the person involved in an arrest, criminal proceedings, or trial. Evidence gathered in a court case is considered “admissible” if it supports the state’s evidence. If evidence does not support the state’s evidence, then the defendant is found guilty, and there is no chance that the charges will be dropped. The trial could have resulted in a conviction, but a defendant’s intent to clear his or her name of the charges is what is required to get the court to dismiss the case. In some cases, the court may not consider evidence from a certain source, such as the police.

 

In order to get a hearing, a defendant must hire a criminal lawyer. A lawyer will review the evidence collected by the police and other resources, as well as determine whether the evidence supports the state’s case. If the attorney discovers information that does not support the prosecution’s evidence, the case is dismissed. If the case is dismissed, then the case is not available to a defendant again. However, if the case is found guilty, then the defendant must begin the expungement process as soon as possible.

 

An expungement hearing will ask the judge to erase a criminal record based on a number of factors. The first factor is whether or not the state or the defendant has demonstrated remorse for their crime. The second is whether or not the defendant has received a pardon from the governor of the state. The third is if the defendant has been convicted of a felony, which can be as a misdemeanor or felony. Finally, the third factor is if the person has ever served prison time for their conviction. and other crimes in the past. The judge will also ask the defendant about the reasons for the conviction, what crime led to the conviction, how the sentence was imposed, and any mitigating circumstances that existed.

 

When an expungement hearing takes place, a judge may order a hearing on expunging criminal records for many reasons. For example, a conviction for a minor crime such as shoplifting can lead to a loss of a driver’s license. However, other minor crimes, such as trespassing, are typically not expunged.

 

Before a hearing takes place, it is important for a defendant to hire an attorney to represent him or her at an expungement hearing. The expungement attorney will review all of the evidence gathered by the prosecution and the criminal defense to determine if the evidence supports the state’s case.