Don't Let Your Past Limit Your Future

How Long Does an Expungement Take?

June 7, 2017

 The Process

The process of criminal record expungement or sealing can be a long and winding road, but the help of an experienced expungement attorney significantly shortens the process… What are the typical steps involved in a criminal record sealing or expungement? The first step is gathering the relevant criminal records. You must fully and accurately know the details of your record, and make note of any convictions, dismissals, and what level of offense(s) you were charged with. Sometimes, it can take weeks to receive your criminal records from the courts.  Many courts receive hundreds of requests for records and have long processing times.

Once you have your complete criminal records, the next step consists of drafting the correct forms or court petitions. This requires careful attention to detail, and a certain understanding of legal terminology.

Then, you must file your expungement petition and submit the necessary fees. The court usually takes anywhere from 4-6weeks to review your petition.  In many instances, the court is required to serve a copy of your petition on certain entities.  This can extend the time it takes for the court to process your petition. Often, the court has to set your case for a hearing. Usually, the case is set for hearing anywhere from 2-8 weeks from the date it was filed.  The process will change depending on the state, and some expungements may be granted without a hearing. Finally, the waiting periods will be different in each state according to the judge, the type of crime, or just how busy the court is in handling expungements.

The Waiting Game

Unfortunately, waiting periods can sometimes be difficult to determine, as they are entirely dependent on the case, the crime, and the sentence completion date. There is no short answer for how long it takes for an expungement to be complete. You must first make sure you meet all the eligibility requirements, such as waiting the appropriate amount of time after completing your sentence. Many times; however, states will allow individuals who have not been convicted to expunge their criminal records at any time following dismissal by the court. The more complex your case, usually the longer it may take to receive an expungement. Finally, if the district attorney objects to your expungement, it could take a bit longer as well. These are just some of the various factors that can play a part in how long you might have to wait to seek an expungement.

The Benefits

As we stated in one of our previous articles, getting your record expunged provides significant opportunities for those with a criminal past to start fresh. Your offense will be removed from the public eye, allowing you to find employment, finance a home and get a second chance at life. The time-frame is just a part of the overall expungement process; and, if your expungement is granted and the court orders your records be removed, it will be well worth the wait.   At WipeRecord, our firm is always glad to assist those who want to get their record expunged. The sooner you begin the process, the sooner you can feel good moving forward in life with a clear record.

Leave a Comment

 

Recent Posts

Washington State Seal
Washington State’s New Law to Vacate Criminal Convictions
July 10, 2019

New this month, changes will take effect modifying Washington state’s process for vacating conviction records. Effective June-July 2019, more people with felony and misdemeanor convictions will be eligible for relief. Although Washington typically doesn’t allow people to completely expunge or destroy criminal records, they do allow criminal convictions to be “vacated.” A vacatur releases the person from all penalties and … Read More>

Upset Man
How Does a Felony Affect Your Life?
June 18, 2019

As background checks become more commonplace, it is increasingly more difficult to avoid the negative repercussions of a criminal record. As a result, those that have a record are finding it harder to move on with their life. Here are some common issues that felons face as a result of a criminal record: Employment Hiring felons can be a tricky subject for … Read More>

Disclaimer: The material on this blog has been prepared and is copyrighted by WipeRecord, a division of Eastman, Libersat & Meyler, PC ("WipeRecord"). The material is for informational purposes only and does not constitute legal advice. Information provided by or cited to third parties does not necessarily reflect the opinions of WipeRecord or any of its attorneys or clients. Results of any expungement or restoration of civil and/or firearm rights may vary from case to case. We obtained your email address when you took the eligibility test on our website. Please note that prior results do not guarantee a similar outcome. The choice of a lawyer is an important decision and should not be based solely upon advertisement. Please refer to our website for prices. This is a legal advertisement. If you have already hired or retained a lawyer in connection with your gun rights restoration, please disregard this letter. Our lawyers do not have professional liability insurance.