Expungement Law Office in Andover, MA
Criminal records follow a person around for the rest of their life. Unlike bankruptcy, a conviction never “falls off” your record, and you must disclose it in many situations, such as when applying for an apartment.
Fortunately, states allow some records to be “expunged.” At McNally Law Office, we have helped countless men and women expunge their criminal records. Contact us today to learn more.
Eligibility for Expungement
Not all criminal records can be expunged. For example, you cannot seek expungement if you are currently on probation or serving a sentence for a crime. You also can’t seek expungement if you are currently charged with a crime.
Someone who was sent to state prison as punishment (or for a parole violation) also typically does not qualify. There are some exceptions, however, so all hope is not lost.
Some offenses are ineligible. For example, certain sex crimes against children cannot be expunged. Meet with one of our Andover expungement lawyers to review your criminal history to determine whether you should apply.
When to Request Expungement
As mentioned above, you must have completed probation successfully before requesting expungement. This basically means you must have paid all fines and made restitution, along with full completion of community service and any mandated counseling.
If you have not yet finished all the terms of probation, you must wait. But that doesn’t mean you can’t meet with an attorney to discuss the best way to request expungement when you become eligible.
The Process
Only a judge can grant expungement, and our clients must submit a petition to the court. We also present a copy of all paperwork to the prosecuting attorney soon after filing so that the prosecutor can appear to object to the request.
Technically, an expungement involves opening up your case and setting aside your guilty plea or conviction. Then the judge dismisses the case. Going forward, your record will show the charge was “dismissed in the interest of justice.”
A judge will hold a hearing to hear any objection from the prosecutor. You can discuss with your attorney whether you need to attend.
In general, expungement takes 10-16 weeks from start to finish. Many people try to request an expungement themselves, but this is a mistake. Any error can delay the process considerably.
What an Expungement Cannot Do
An expungement is supposed to release a person from all “debilities” associated with a conviction. However, there are some things it cannot do:
- An expungement cannot restore your gun rights
- An expungement does not release you from having to register as a sex offender
- An expungement will not restore your driver’s license
Also, an expunged conviction can still be used against you in sentencing if you commit another crime going forward.
Speak with One of Our Andover Expungement Attorneys
The expungement process is full of hurdles, but we can streamline the process for you. Contact our Andover office today to schedule a free consultation.