Proving My Innocence

Renting an apartment can be quite difficult for someone who has a criminal record, especially those who've spent time in jail. Fortunately, doing hard time doesn't necessarily have to mean you'll have a hard time finding a good apartment in a good neighborhood. If you're eligible, you may be able to have your criminal record expunged, which means landlords and property managers won't be able to find your criminal record. 

Expungement is the legal process of hiding criminal records. Here's what you'll need to do to petition the court for expungement.

Is your record eligible?

Some felonies and misdemeanors can be expunged. However, there are some felonies that cannot be expunged at all, such as Class A felonies and violent felonies. Domestic assault convictions and offenses that require you to register as a sex offender are also records that cannot be expunged, regardless of whether or not the convictions are felonies or misdemeanors. If you aren't sure whether or not your conviction is eligible for expungement, contact a criminal attorney who serves the county where you were convicted.

Have you fulfilled all of your obligations? 

If your record is eligible for expungement, you will need to fulfill all of your obligations before your expungement process can begin. Make sure that you have paid all of the fines and court costs. Most states have online queries where this information can be accessed. If you were on parole or probation, you'll need to have completed those requirements as well. Contact your parole or probation officer to make sure you've fulfilled your obligations with them. If you are petitioning the court to expunge a DWI conviction, you'll need to have completed all educational and detox programs if your judge included them in your sentencing. 

Have you waited the mandatory time before petitioning? 

There is a mandatory amount of time that you need to wait before you can petition the court for expungement of your criminal record. The length of time depends on the type of crime you were convicted of. You won't be eligible to petition the court until this time has passed.

Do you have any criminal court cases pending? 

Before you petition the court, be sure you don't have any criminal court cases pending. That's likely one of the first things the court will look at is whether or not you have anything pending in the court system. Just to be sure, you'll want to check the court calendar to make sure you haven't missed any court dates since your conviction. 

Are you able to pay the petition fee? 

Petitioning the court involves a fee. The fee covers the costs of gathering and evaluating documents and conferencing with various individuals, such as your parole or probation officer. If you are unable to pay the fee, you can petition the court to file as indigent. You'll need to fill out some paperwork requesting to proceed as a poor person. If approved, the judge will waive these costs. 

Will you consult with an attorney?

Due to the extensive steps and time involved in completing the processes leading up to petitioning for expungement, it's a good idea to at least consult with an attorney who works in criminal record expungement law. It's an even better idea to hire one. That way, you can be sure the petition is done correctly so it's not kicked back for being incomplete or incorrect. Working with a lawyer in this situation will ensure the process is done smoothly and efficiently so you can finally sign a lease for an apartment in your preferred neighborhood instead of settling for one in a less-than-ideal neighborhood.