How Long Does Expungement Take?
If you get arrested, charged, or convicted of a crime, anyone who runs a background check will see it on your permanent record. If you meet certain requirements, you can obtain an expungement so the criminal record no longer appears on the background check. The expungement process differs depending on where the underlying criminal activity occurred, the severity of the underlying crime, and other factors. From the time of your conviction, an expungement can take years to secure. Common questions about the expungement process include:
- How long does an expungement take?;
- Who qualifies for an expungement?; and
- Is the expungement process the same in every state?
An expungement lawyer at New Mexico Criminal Law Offices can answer these questions and more when you contact our office.
How Much Time Does Expungement Take?
The length of the expungement process varies based on the type of criminal record you need to expunge. When someone gets arrested, their arrest stays on their permanent record forever, even if their charges are later dismissed. Absent a conviction, the accused can typically petition for an expungement right away. In some states, the court will automatically seal any criminal records that result in dismissal.
The expungement process is more complex for criminal charges that ended with a conviction.
The petitioner, or person filing for an expungement, must meet a number of requirements before filing their expungement petition.
First, they must complete their incarceration or probation sentence in its entirety. Then, they must wait for the relevant waiting period. The waiting period is based on the offense level of the charged offense. For example, the waiting period for a misdemeanor conviction is typically shorter than the waiting period for a felony conviction. You cannot officially start the expungement process until the waiting period concludes.
After the waiting period, an attorney will file an expungement petition on your behalf. The court will review your expungement petition and make a ruling. The amount of time it takes the court to make a ruling will vary. The review process typically takes anywhere from 30 to 60 days.
How Long Does It Take for Your Record to Clear After Expungement?
If the judge grants the expungement, the court clerk will send a certified copy instructing city, state, and federal agencies to destroy any records of the expunged offense. The process of deleting the records after receiving the order can take up to six months. You can contact the relevant agency to check the status of your expunged criminal record.
Can I Expunge Any Conviction?
In most states, convictions for certain criminal offenses are ineligible for expungement. Crimes ineligible for expungement typically include:
- Murder,
- Kidnapping,
- Sexual assault,
- Child abuse,
- Aggravated robbery,
- Human trafficking,
- Vehicular homicide,
- Domestic violence-related offenses, and
- Drunk driving.
The specific offenses ineligible for conviction vary from state to state.
How Long Does Expungement Take? Contact New Mexico Criminal Law Offices to Find Out
Our expungement attorneys New Mexico Criminal Law Offices have over two decades of experience navigating the criminal justice system. Annually, we help countless clients file petitions to expunge their criminal convictions in New Mexico. A seasoned expungement attorney can walk you through the process and let you know how long it takes. Contact our office today to schedule an appointment.