On many different levels erasing a criminal background is a good idea and in many United States jurisdictions entirely within the realm of possibility. Each state and territory within the United States has some kind of law that deals with legally erasing or hiding a criminal background within that jurisdiction.Some states make the remedy very attainable (or easy to qualify for) and others have more stringent criteria. Regardless of jurisdiction, retaining a good, competent lawyer should always be your first step when pursuing a plan to tidy up your past.Why?.Because having such legal help could make the difference in your success.
Let me lay out the situation.Law is not black and white. Laws typically give the rules but do not necessarily provide guidance on how the rule should be applied in a particular case.
Further, there are exceptions to most rules/laws. Knowing if and how an exception applies in your case can be important and tricky. It may well mean the difference in whether or not you're able to succeed in erasing or hiding your criminal background.A good lawyer will be able to help you navigate the morass and tangle of laws that could be your ticket to legally scrubbing the indiscretions of your past. Additionally, if your case does not perfectly fit the provisions of the law allowing for an expungement (legal erasing of a criminal background) a competent lawyer may be able to find a way to help by finding a little-known exception or a creative argument that gets the intended result.
This is where lawyers really earn their salt.Here's another thing: laws can be (and often are) ambiguous. This circumstance by definition leaves more control of the case in the discretion of a judge. Essentially this means that two different people with the same criminal background can have two different results.
In other words, a judge in one case can decide that the person petitioning the court is entitled to expungement under the laws of the state while a different judge looking at the same case could swing the other way.Here again, having a competent lawyer may help sway the court into giving you the benefit of the doubt in a close call. Further, it never hurts if your attorney happens to be politically connected.I want to make this last point crystal clear: you should never try to clean up your criminal background without the help a lawyer. Why? Because there are tons of pitfalls that could easily lead to failure and worse, some peril related to arousing interest in a dormant criminal case. You don't want a prosecutor trying to resurrect a case against you just because you went nosing around without knowing what you were doing.
Do yourself a favor. Get my book ("The Ultimate Guide to Second Chances: Legal Ways to Erase or Hide Your Criminal Background") and get a lawyer!..
Texas attorney Daniel Hall is the author of the upcoming book "The Ultimate Guide to Second Chances: Legal Ways to Erase or Hide Your Criminal Background" He learned that the remedies discussed in the book existed when he discovered some of his clients had minor criminal blemishes which were holding them back. The book is designed to help those people with petty criminal records which according to tracking statistics is fully 25% of the American populace. Find out more about how the book might help you by visiting: http://www.UltimateSecondChance.
By: Daniel Hall