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Expungement is the process of eliminating your criminal record. If you get your record expunged, it is like the crime was never committed in the first place. Someone who attempts to locate your criminal record will not be able to find it. However, every criminal record cannot be expunged. Below are some of the reasons your criminal record cannot be expunged:
Serious Criminal Acts
If you committed a serious criminal act, then you may not be able to get it expunged. Child molestation, sexual battery, prostitution, manslaughter, vehicular homicide, driving under the influence and fleeing the scene of an accident are examples of some of the things that cannot be expunged. However, if you are charged with one of the aforementioned crimes, and the charges get dropped, then you may still be able to get your record expunged.
Statute Of Limitations Has Not Passed
You will not be able to get your record expunged if the Statute of Limitations has not passed. The Statute Of Limitations is a law that sets the maximum time that legal action can be initiated for an offense. The Statute Of Limitations can vary from state to state. However, it is typically three years.
You Were Found Guilty Of A Crime
If you were found guilty of the crime that you committed, then you will not be able to get your record expunged. However, there are some exceptions to this. If you committed a nuisance crime, then you may still be able to get your record expunged even if you are found guilty. Drinking alcohol in a public place, loitering and riding a public transit vehicle without paying the fare are examples of some of the things that can be classified as nuisance crimes that you may still be able to get it expunged.
Being found guilty of a crime, certain criminal acts and the Statute Of Limitations are some of the reasons that you may not be able to get your record expunged. However, it is important to note that that there are exceptions to every rule. If you are interested in getting your record expunged, then you will need to contact an attorney.