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Criminal Record Expunction

Sealing a criminal record (expunction) is a common concern for people facing immigration proceedings, ICE holds and criminal charges. Immigrants with criminal records face additional obstacles when it comes to things like finding a good job, obtaining student financial aid, and finding a good place to live.

Expungements Eligibility Most misdemeanor and felony offenses, including DWI, are eligible for expungement if the case resulted in no conviction. Some common non-conviction dispositions include:

  • An arrest was made but no charges were ever filed,
  • Prosecutors dismissed the charges for reasonable cause, such as the completion of a pretrial diversion or veterans’ treatment program,
  • A judge or jury found the defendant not guilty,
  • A higher court overturned the conviction, or
  • The governor pardoned the defendant.
In some cases, the defendant must wait until the statute of limitations expires before a judge will consider an expungement petition.

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