The Process Of Sealing A Record
The process of sealing a record will differ from state to state. Each state has different laws and ideas regarding which offenses can be eligible for sealing criminal records and exactly how that process will function. While there are similarities in the process from state to state, it's important to be sure you know the exact eligibility rules and procedures for sealing a record in your state. Here are some examples of how the sealing criminal records process works in a few key states.
The Process of Sealing a Criminal Record in Florida
There are a considerable number of offenses that cannot be sealed or expunged in the state of Florida. In addition to special crimes, against children or the elderly or involving sexual abuse, crimes like arson, battery, robbery, carjacking, terrorism, burglary murder and kidnapping are also not eligible. Before you can have your record sealed, you will first have to apply to the state for a Certificate of Eligibility. Once your application has been evaluated and approved, you can then file a Petition for Relief, which will be evaluated to determine if your record will be sealed.
The Process of Sealing a Criminal Record in Massachusetts
In Massachusetts, an individual may file a petition with the office of the Commissioner of Probation to request that his or her criminal record be sealed. The request must come at least ten years after the full penalty and probation has been served for a misdemeanor, at least fifteen years for a felony. If no crimes have been committed in the intervening time, the Commissioner may review the case and decide to seal the record. If he does, those doing a background check on the individual will be told there is no record of a criminal conviction.
The Process of Sealing a Criminal Record in Ohio
In Ohio, criminal records cannot be expunged, so sealing the record is the only option for those looking to protect their reputations. There are different procedures depending on whether you are attempting to have a conviction, a dismissal or a not guilty finding sealed. You can only have a first offense sealed (even if there are multiple convictions under that offense) and you cannot have a first or second degree felony or a sexually based offense or offense against a minor sealed. You must wait three years before applying to seal a criminal conviction. You will need to file an application and appear before a judge to have your record sealed.
Sealing a Record Made Easy
As you can see, the different procedures for sealing a criminal record can vary and be complicated. You may feel you need a lawyer to complete this process or that you will not be able to do it without making a mistake. Neither of these things are true. You can alleviate your fears and complete this process with a minimum of confusion and without a lawyer through a site like ClearUpMyRecord.com.com. They make it easy to determine if you can have your record sealed through a free eligibility check and can provide you with all the forms you need to petition for a sealed record in your state, as well as detailed instructions on how to apply and where to send the forms. You'll still have to appear before a judge in all likelihood and they don't provide any legal services, but if you are eligible and follow the correct procedure, you have a great chance of successfully having your record sealed and being able to get on with your life without having your past follow you wherever you go.
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