Even if you were not convicted of a crime you have been charged with, just the arrest on your record can make it challenging to find a good job or may close other doors. In some cases, it is possible to seek to have your record clear. As your Portland criminal defense attorneys, this is something we have handle many times.
Expungement may be possible if, after you were arrested, the prosecutor withdrew or dismissed the charges. You may also seek an expungement if you are found not guilty or you receive an absolute pardon for a crime you have been convicted of in the past. In cases where you were found guilty or if you pleaded guilty your record cannot be expunged unless you receive the absolute pardon.
When an arrest record or charge is expunged, it is sealed so the public does not have access to it. A petition must be filed to the court in order to begin the process.
There are some cases not eligible for expungement. Convictions for traffic offenses may not be set aside or expunged. Driving under the influence of intoxicants is not eligible when the charge is dismissed to a diversion program. Additionally, no convictions for Class A or B felonies may be expunged.
People have many reasons to seek an expungement. Oftentimes a person is seeking a job or is just trying to put the charge behind him or her. The person may also be years removed from the incident and seeking an adoption or a foster parent, or may find themselves in another situation requiring an extensive background check.
If you have been wrongly accused of a crime or you were wrongly convicted and then pardoned, you may be able to get your record expunged. Call today for your free, initial consultation.