Irmo Expungement Lawyer

Having a criminal record could be difficult to live with in today’s society. It could impact your options for jobs, where you live, and obtaining loans. Fortunately, those who have been convicted of a criminal offense may be eligible to expunge or seal their record.

Seeking an expungement could be challenging without legal help. An Irmo expungement lawyer might be able to assist you. As a seasoned defense attorney, they could provide guidance and support, offering their legal knowledge to help you secure an expungement of your criminal record.

The Expungement Process in General

Expungement is a fancy legal term used to describe the sealing and destruction of a person’s criminal record. The process expunging a person’s criminal record involves the court ordering a person’s criminal conviction to be sealed and erased. Expungement is also referred to as setting aside a criminal conviction. The process of attaining an expungement differs from state to state.

The Process

The process begins with the criminal conviction or arrest of the defendant. After they are convicted of a crime, if eligible, they may apply for an expungement of the crime from their criminal record at the Solicitor’s Office where the conviction occurred. An expungement attorney in Irmo might choose to do this by filing an Application for an Expungement with the criminal court on behalf of the convicted defendant.

Consequences of an Expungement

An expungement erases the arrest or conviction of the defendant from their criminal record. In most cases, following an expungement, the affiliated arrest or conviction does not have to be disclosed by the defendant. A common example would be on a job application. If someone had a previous arrest or conviction that was expunged, they would not be required to disclose it to their potential employer.

However, expunged records are not erased completely. While they are practically ineffectual toward a person’s record, government agencies and law enforcement still have the ability to access a person’s expunged records for certain purposes. But this accessibility is limited only to sentencing for additional crimes committed after expungement or for immigration proceedings.

Seeking Expungement in Irmo

The major steps in seeking expungement are to determine whether the underlying crime is eligible, and what level of expungement is appropriate.

Eligibility

In the state of South Carolina, underSouth Carolina Code §17-1-40,and § 17-22-910 of the South Carolina Code of Laws, a defendant’s arrest record or connected evidence may be eligible for expungement if the charges were either discharged, dismissed, or the defendant was found not guilty. For example, an Irmo expungement attorney could help those seek an expungement under some of the following circumstances:

• Pre-trial intervention
• First-offense for failure to stop for law enforcement
• First-offense for a crime with less than 30-day imprisonment or $1,000 fine
• First-offense conviction of possession of a controlled substance
• Conviction of nonviolent offense under 25 years of age

Types of Expungement

Some who are convicted of drug offenses might be eligible for diversion programs. After completing the program, the defendant could get an expungement of their drug offense. Juvenile offenders could get their records expunged or sealed, as well. A Certificate of Actual Innocence carries the most weight. It allows someone to erase that the conviction or arrest ever existed completely.

Ways That an Irmo Expungement Attorney Could Help

Dealing with the repercussions of a criminal arrest or conviction on your record could be very distressing. You might be considering how to get it erased from your record, but getting an expungement is not always an easy process.

An Irmo expungement lawyer could help you determine what steps to take next. They could help you put together your claim for expungement, helping you stay informed along the way. Reach out and learn more about your potential claim for recovery, schedule a consultation today.