LAW OFFICE OF GERALD WILKERSON


Sealing and Expunging Criminal Records:

Sealing:  Sealing is the process whereby the court seals the person's criminal record from public disclosure.   This is different from expunction which is the complete destruction of the person's criminal record.   Sealing is not available for all charges, and is the most common remedy if a person entered a plea and adjudication was withheld.  Juvenile records are sealed automatically when a person reaches the age of 18. 

Expunction:  The destruction, as if it never happened, of a person's criminal record.   A juvenile record is automatically sealed when the juvenile reaches the age of 24 and hasn't been arrested more than the one time in question.  Expunction is not available for all criminal charges, and is not available if a person has been adjudicated guilty, or actually entered a guilty or no contest plea. 

A person may legally deny being arrested in most cases, if an expunction is granted by the Court.  There are exceptions to this, such as if a person is seeking licensing or employment by an educational institution.

If you were arrested one time, and the charges were dropped, your case was diverted, or you received a withhold of adjudication, you may be eligible to have you record sealed or expunged. 

You may only have one criminal record expunged or sealed in your life, except in the case of a juvenile whose case went through
pretrial diversion, or teen court.  In such a case you only have 6  months to formally request that your record be expunged.  If it is granted, you are probably still eligible for another expunction/sealing in your life.

PARDONS - In certain very limited and special cases, a person may be granted a pardon.  There are very specific rules and our attorney can help guide you in this process.  The advantages are that if you are otherwise not eligible for an expunction or sealing, then this is a possible alternative.  A disadvantage is that you must pay the attorney for his work and effort in attempting to obtain the pardon with no assurances of success. 





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