Introduction
If you are ever charged with a crime, you already know the scary situation. But this is not just about the situation. You will also be haunted in papers even if your charges are dismissed.
Many people think that when they are proven not guilty, that means they have a clean chit from all kinds of criminal activities or evidence. But that is not how the law works, and you need to know how your charges are kept or dismissed in papers.
When you are convicted or charged, in both cases, you will be submitting all your records in the criminal book. Cleaning up that record from a criminal book is called Expunction.
What is Expungement
A “criminal defense attorney Kansas city” can let you understand this better to clear your doubts. However, we will also try to help you understand the basics here.
Expungement is simply the process of destroying your criminal conviction permanently. That means there will be no evidence of your charges on any criminal book. It is almost like the criminal offense never happened.
If you really want to erase your dismissed changes from the permanent record of crime, you can find support from a criminal defense attorney kansas city. Notably, the expungement works differently and varies from place to place.
Eligibility for Expunctions
If you want to get the solution with expunctions, you need to understand its eligibility; otherwise, you cannot reach your expectations.
Missouri as a place has some unique functions while dealing with the expunctions. There are various ways to get the eligibility for expunctions in Missouri.
Expunctions in Missouri deal with cases like-
- Non-class A felony
- Some kinds of trials
- If you are Arrests
- Convictions on you
- Ordinance violation, et cetera.
Some violations and one or more offenses and infractions can be expunged with one kind of petition. You will get a better idea of the eligibility through a criminal defense attorney Kansas city.
In general, the arrest records and the guilty pleas are mostly eligible for expungement. Moreover, first-time offenses of DWI (driving while intoxicated/impaired) and MIP (Minor in Possession) and also the proper crimes are easily eligible for expungement.
Evidence Required
The expungement depends on a few pieces of evidence, and the presence of such evidence will allow you to successfully remove your criminal records permanently.
Before you go for the petition to get a clean chit, find out the below-mentioned evidence you can manage to show in the court hearing. In that case, you can also talk to your criminal defense attorney Kansas city.
If you are finding a solution, the appropriate proof is needed there with your petition for expungement.
- There needs to be a particular time gap between when you are presenting the petition and when you were convicted of a crime.
- You have to have proof of not being found guilty or felony at that time (minor traffic offenses are excluded).
- Need to have consistency with the public welfare.
- Compensations are paid before if ordered at the time of the case.
These are the criteria that you need to show as evidence with your preferred petition. The day of the hearing is very crucial, and you need to be prepared with all your evidence during the hearing day in court.
What if the Expungement is denied?
If your first petition is denied for some reason, you need to wait till the next year to again submit a new petition. There are various reasons for which your petition can be denied-
- You are not eligible for expungement for some statutory rules.
- You have violated probation rules.
- Your petition requests have mistakes.
You will get a better idea of such denial from a criminal defense attorney Kansas city. And they will also guide you through the procedures.
To Conclude
To conclude, being in the middle of a criminal record is offensive and disgusting. We understand your situation, and that’s why we suggest you contact an experienced attorney.
Discussing with a criminal attorney will help you to understand all the procedures and criteria needed in expungement.