The Legal Ways of How to Clear a Criminal Record

A criminal record is a term that refers to the record of the criminal history of an individual, and such record can also be called as a police record. A criminal record is basically being used by potential lenders, employers, and any other entities to assess if the individual is indeed trustworthy.  Read more great facts on Owi Attorney, click here. The common details and information included and written in a police or criminal record includes the lists of all the non-expunged criminal offences made by the individual and any other traffic offences, like drunk-driving and speeding; charges dismissed, arrests, acquitted charges, and pending charges, while in other countries or jurisdictions the content is limited to the actual conviction of an individual. Most of the entities that uses the criminal records are basing their decisions in selecting and accepting the individual for their company, which is why the people who have criminal or police records tends to undergone the process of clearing their record. The said process is commonly called as record sealing or expungement. For more useful reference regarding Michigan Criminal Attorney, have a peek here. 

Record sealing or expungement is being done to the people who are eligible to such process, and once the process is successful, the criminal record of the individual will be erased as if such record never happened. The individual is also allowed in a legal manner to deny that they have committed the crime and their previous record will not be accessed by the public. The common cases that may undergone record sealing or expungement includes a minor that has reached the age of majority, the defendant was arrested for a crime but not fully convicted, the defendant has maintained a good behavior consistently following their conviction, and the defendant was arrested in an unlawful manner. The process of clearing a criminal or police records takes time for it is not an automatic process. The process typically starts with the defendant filing a motion with the court by requesting that their record will be expunged and cleared. Once they file a motion, the court will then conduct the necessary investigation of the individual's criminal background to check and see if they are qualified in such legal process. It is typical in most cases, that the court is holding a hearing which can determine the eligibility for expungement or record sealing, while in other jurisdiction the individual doesn't need to attend the hearing and instead, the decision of the court is being sent via mail. If the process is being summoned to court, the individual who files a motion needs to make an appearance in the court, along with his or her criminal lawyer. Please view this site for further details.