Suffolk Expungement Lawyer

If you have been acquitted of a crime in Suffolk or had your case dismissed, there are likely still traces of your criminal case available in the public record. While you might have avoided a conviction, collateral consequences could follow you simply for being arrested and charged.

The laws in Suffolk are fairly limited when it comes to expunging convictions. That said, there is a process for expungement records of an arrest or criminal case should you ultimately avoid a conviction. A skilled criminal defense attorney could assist you in sealing your records. If you have been acquitted at trial or seen charges against you dismissed, you may be entitled to have your arrest expunged. Speak to a Suffolk expungement lawyer to discuss your eligibility to having your criminal records sealed.

How Expungement Works

Expungement cannot erase a criminal judgment. However, there are options for erasing any evidence of a criminal charge from the public record for anyone that was acquitted. This includes the record of an arrest, arraignment, or prosecution.

Expunging these records is valuable in many situations, as a person’s arrest record could remain public information after an acquittal. In fact, prospective landlords or employers could see evidence of an arrest in a background check and mistakenly believe the case is still pending. A seasoned Suffolk attorney could help a person with expungement in an effort to clear up these public records.

The Expungement Process in Suffolk

It is vital to carefully follow the required procedure for expungement under state law. Even a minor misstep could cause the process to fail or result in a substantial delay. A Suffolk attorney could assist with ensuring each requirement of the expungement process is completed.

The first step in the process requires the filing of a petition for expungement. This document is a formal request that the court expunge records related to an arrest and prosecution. The petition must identify the specific criminal case and attach the relevant warrant or indictment.

The process also requires a petitioner to obtain a copy of their fingerprints to provide to the Central Criminal Records Exchange as well as submit the expungement petition to the arresting law enforcement agency.

Once all of the prior steps are met, the final hurdle involves a hearing with the court. The petitioner must provide the court with all relevant documents well before the hearing occurs to allow the judge time to review. At the hearing, the prosecutor has the opportunity to be heard and object to expungement if they choose.

Just like during a criminal trial, a petitioner is entitled to have a local attorney serve as their advocate during an expungement hearing. If the court agrees, the judge will enter an order sealing the records from the public. It is worth noting that law enforcement will still have access to these records.

Call a Suffolk Expungement Attorney Right Away

Expungement can provide you with the opportunity to seal the records of an arrest that should have never happened in the first place. Whether you were acquitted or had the charges against you dropped, you could have the right to pursue expungement of some arrest records.

The process of expungement can be lengthy and complex. Call a Suffolk expungement lawyer as soon as possible to get started.