A record of a criminal offense can affect a defendant indefinitely. Every time they apply for a new apartment or undergo a background check for a job, the record of their prior criminal offense could affect their opportunities.
Criminal records generally have a chilling effect on people’s educations, housing options and careers. Particularly in cases where an individual has one offense on their record from years ago, they may want to remove that blemish. Expunging or sealing criminal records can give people a clean slate and expand their opportunities after a criminal conviction.
How long do people generally need to wait before applying for expungement?
Defendants must go years without reoffending
There are different expungement rules that apply to different types of crimes. Certain offenses, including homicides and other violent crimes, are never eligible for expungement under current state statutes.
Other times, people may qualify for expungement relatively quickly. The fastest expungement timeline is for ordinance violations, which require a two-year waiting period. Juvenile convictions involve a three-year waiting period. The fastest option for adult offenses requires that people with criminal records wait five years from the date that they fulfilled their sentence or finished paying their fines and court costs to apply.
In situations involving more serious, indictable offenses, the waiting period doubles. Those convicted of more significant crimes typically need to wait at least 10 years after fulfilling the terms of their criminal sentence to be eligible for expungement. Usually, they must avoid any criminal convictions during that time and cannot have any pending charges when they apply for expungement.
Learning more about expungement can be beneficial for those ready to move on from a criminal record. People pursuing an expungement often need to learn about the law and may require assistance as they prepare the necessary paperwork, and that’s okay.