Boise and Nampa’s criminal lawyer helps you live life uninhibited by past criminal records
Boise and Nampa’s criminal lawyer understands that criminal histories can negatively affect one’s life. When a person is convicted of a misdemeanor in Idaho State, they face fines, jail days with options, court costs, court-ordered classes, and/or probation. The most significant punishment for some people is eternally having a misdemeanor on their criminal record. Criminal records can frustrate attempts for job opportunities, college admittance, housing eligibility, and volunteer opportunities.
Is it possible to expunge or clean up your record? The simple answer is yes. Three ways to enhance or clear a record include sealing, expungement, and retroactive dismissals.
Sealing and Expungement
When a criminal case is sealed, it’s hidden from the general public but not deleted. Similarly, when a case is expunged, it is put through a shredder and disappears. These choices make a case disappear and are the most sought-after ways to clear a criminal record. The problem is that these two options are so rare that almost no one can qualify. Start by speaking to your criminal defense lawyer for personalized advice.
You must fall into any of these categories to apply for expungement:
· You were arrested or served with criminal summons but not charged within one year.
· The crime you want to expunge is a juvenile offense.
· You were exonerated of all offenses arising from an arrest or criminal summons.
Before the court enters an order for redacting or sealing records, one or more of the following must be found:
· The documents or materials incorporate highly intimate facts or statements whose publication would be highly objectionable to a reasonable person.
· The documents or materials contain statements or facts the court may find libelous.
· The documents or materials contain statements or facts whose publication would reasonably result in economic or financial loss or harm to a person interested in the documents.
· The documents or materials contain statements or facts that may threaten or endanger the life or safety of individuals.
· It is essential to temporarily seal or redact the documents or materials in preservation for a right to a fair trial.
Retroactive dismissal
Not qualifying for expungement or sealing isn’t the end of the road. Your next option is retroactive dismissal. An Idaho statute allows a person who initially pled guilty to a misdemeanor to apply to have a case dismissed, provided they meet the set criteria. You are usually an eligible candidate for dismissal if you successfully finished probation or were not ordered to complete any probation at all. Also, you should show ‘good cause’ for a dismissal. When granted a dismissal, the case will not disappear but show ‘dismissed by the court’ rather than ‘guilty.’ These phrases can make a difference to potential employers conducting a background check. Besides, when granted a dismissal, you can say there is no longer a conviction.
But the dismissal process is not straightforward and may require a highly-experienced lawyer for success. It incorporates preparing and filing documentation with the court and, in some cases, a formal hearing before the judge. Generally, the process lasts four to eight weeks.
Work with Boise and Nampa’s criminal lawyer
Criminal records have their shortcomings. So, don’t sit on a criminal record that you can remove. Speak with Boise and Nampa’s criminal lawyer to find out if you are eligible. Jacobson & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started.