Can An Expungement Be Reversed? Will My Record Stay Clear Forever?
June 16, 2021 Arrest Records | information removal | Mugshot Removal | remove mugshot | Uncategorized
Having a criminal record of any kind, whether it shows an arrest, a conviction or worse, can have serious consequences. That’s because landlords, employers, and lenders often ask if job candidates and renters about their criminal record.
They may refuse to hire or rent to individuals who have such a record, no matter the final outcome. You may even have difficulty accessing higher education or licensing, particularly in the medical, legal, and law enforcement fields.
Fortunately, you may be able to expunge or seal your public criminal records. This means that it’s almost like the issue never existed. That said, expungement may not be so easy in some cases.
What’s more: there’s such questions as ‘can an expungement be reversed?’ And ‘is it possible for a court to take your expungement away?
Here’s what you need to know.
What Is An Expungement?
The process of removing criminal records for an arrest, case dismissal, or a not-guilty verdict is known as expungement. Some convictions don’t qualify for expungement, particularly if they involve violent crimes or sexually related offenses.
Almost every state has legislation allowing persons to delete certain information from their criminal records. This is usually only for under specific circumstances. Although the details vary by jurisdiction, most states make it possible to expunge criminal records and remove them from view. This includes background checks available to future employers or potential landlords.
Who Is Eligible for an Expungement?
When a county or state offers the option of expunging arrest records, a person must usually meet specific criteria. Eligibility is normally determined by certain conditions, including but not limited to:
- How much time passed since you faced arrest and charges
- The nature and seriousness of the crime (especially if convicted)
- Your past criminal history, if applicable
- Fulfilling court-ordered requirements, such as attending traffic school or counseling
- Your behavior since your arrest and/or conviction
- If your crime was a first-time offense
Not all states have the same criteria for expungement. Some states only allow you to expunge records only for misdemeanor crimes.
If you’ve been arrested, it’s critical that you understand how officials make these records available and how you can protect yourself and your online reputation.
When Can a Criminal Record Be Expunged?
Usually, a certain amount of time must pass before you can expunge an arrest record or criminal charge. How long this is typically depends on state laws and the circumstances.
For example, removing a traffic ticket from your record can often be done soon after the stop. If the ticket involved drunk driving, and it resulted in an accident, you may not be able to expunge your records for several years.
How Long Does Expungement Take?
You cannot erase a criminal record overnight, or even immediately after an arrest or conviction. Usually, you must wait a while to file for an expungement with your county court. How long it takes varies from case to case.
To be eligible for an expungement, you must complete all court-ordered requirements, including restitution, jail time, and probation. Depending on the state, you may face a waiting period of up to five years after probation before earning eligibility.
Many courts consider this the necessary amount of time to complete full rehabilitation.
What Happens After I Expunge My Records?
The process usually starts by making a petition to the court. This usually means submitting an affidavit and a request for relief. A judge will then review and consider this request.
Despite the fact that expungement often looks easy, it is frequently incredibly difficult.
Once expunged, officials remove your arrest record from the official files of the law enforcement agency that arrested you. Then, the circuit clerk removes your name and personal information from public court records.
At this time, background checks do not indicate that you have a criminal past. However, your arrest records and mugshots remain in search engine results and on sites across the web.
Often, sites post these records to extort the defendant into paying for removal. This is a common scam where sites only remove the photos from a specific page. They still remain part of the public domain and you may find them on other websites.
What Is the Difference Between Having Your Records Expunged and Having Them Sealed?
Contrary to popular belief, expungement isn’t the same as record sealing. For one, expungement is the process of removing a criminal record from your history. Employers, lenders, landlords, and even law enforcement agencies are unable to find an expunged record. It’s almost as if the police never arrested or charged you in the first place.
Sealing a record, however, makes your record hard to find by most people, but not all. It will likely be accessible to law enforcement and some types of employers. Employers in industries required to conduct background checks may still find sealed felony convictions. These include:
- Hospitals and other medical facilities
- State and federal government agencies
- Schools, daycares, and other jobs that require work with minors
- First responders, including EMTs, firefighters, and police officers
Other types of employers generally cannot access sealed criminal records. Most people can only obtain sealed records with a court order, even if it happens to be you.
It’s important to know that while criminal records never truly disappear, much can be done to suppress the information from public view. With professional help, you can make it difficult or even impossible for others to find your arrest or criminal records, online or otherwise.
Can An Expungement Be Reversed?
Can an expungement be reversed? Typically, once you expunge your records, this process cannot be undone. Once officials remove these records from federal and state databases, they generally go away forever. Even if you commit a new crime in the future, the details of your expunged records likely won’t ever see the light of day again.
However, there may be some circumstances in which an individual in the process of expunging their records may experience a reversal. Charges may be held and not entered in order to give the defendant an opportunity to rehabilitate.
Under What Conditions Can An Expungement Be Reversed?
Under what conditions can an expungement be reversed? It’s possible that a person may become ineligible for expungement after earning eligibility. They may have even started the process of expunging their records already when this happens. There are many circumstances where a person may no longer be able to expunge their records. Judges usually have the final say on these decisions, so no two cases are really the same.
One common example is if expungement was a condition of a plea deal. Say you entered a plea of abeyance. One of the conditions of the plea may be that once you complete the court-ordered requirements, your criminal records will disappear automatically.
But if you fail to meet these requirements, the judge may revoke your plea. In this case, the option to expunge your records may no longer be available. Technically, it’s not a “reversal,” since you never expunged your records in the first place. The judge simply upheld your charges. And since you did not meet the criteria for dismissal, officials won’t enter them into the system.
Protect Your Reputation After An Arrest By Keeping Your Records Off the Web
It’s helpful to know that arrests made in error, not guilty verdicts, and certain types of non-violent convictions may qualify you for expungement. There’s also some peace of mind knowing that once you expunge your records, this typically cannot be undone.
However, because each case is unique, it’s important to get help from a professional.
RemoveMugshots.com can help you delete your arrest record and mugshots from search results and mugshot websites. We understand that these records can damage your relationships, career, and more. We dedicate ourselves to helping people like you remove harmful criminal records so you can move forward with your life.
Contact us today by calling 844-641-8163 to remove your mugshot in as little as 72 hours. Act quickly to protect your reputation after an arrest We can help you get rid of jail mugshots, delete arrest records from the internet, and hire a mugshot removal attorney.
Our team is thorough and leaves no stone unturned. You can be confident that we’ll work hard to remove or suppress your public arrest records and mugshot. We also know in what conditions an expungement can be reversed and work to minimize that possibility throughout the process.
Contact us today to learn more.