A criminal record can affect your ability to get a job or mortgage or use your credit score. Fortunately, with the help of a criminal law attorney, it may be possible to get an expungement. If you have a criminal record that you’d like to prevent from coming up in background checks, learn more about expungements to see whether they can help you. 

What Is an Expungement? 

Although there’s no way to erase your criminal record, an expungement allows it to be sealed as far as the law is concerned. This means that it cannot be reported for background checks or made available for public viewing.

It can only be obtained by law enforcement or government personnel and only under special circumstances, such as adjudicating or sentencing for crimes committed post-expungement. If you fill out a job or mortgage application, you don’t need to disclose an expunged record. 

If you didn’t even commit the crime for which you were charged, you may obtain a certificate of innocence, a type of expungement indicating that you should never have been charged in the first place. 

What Is the Process for Getting One? 

First, an attorney helps you determine whether you’re eligible for an expungement. Laws surrounding expungements and record sealings vary from state to state. For example, if you committed your crime in Wisconsin, you can petition for expungement if you were under the age of 25 at the time and completed the terms of your sentence. The crime in question should only allow up to six years of imprisonment, too.  

Once your lawyer takes into account the laws of the state where your record is kept, they will consider other factors that may affect your case, such as the age of the record, the type or severity of the charge, the final disposition, the circumstances surrounding the crime, and what your subsequent criminal record is like.  

Following this, you must fill out an application requesting the expungement and attend a court hearing. Your attorney may accompany you to support your case. If your petition is successful, you’ll be provided with a certificate of expungement, and the record should immediately be made unavailable for public viewing.  

If you want to start the process of applying for expungement, consult an attorney at Osborne, Tripp & Schmidt in Sparta, WI. Staffed by dedicated lawyers who are proudly licensed to practice throughout the state, their expertise in criminal law will help you determine your eligibility. If you were wrongfully convicted, they can also assist you in demanding compensation for pain and suffering or other damages. To make an appointment, call them today at (608) 269-2400 or message them online.