Why Hire an Expungement Attorney in Vermont?
Everyone makes mistakes. When those mistakes end in criminal charges, they can haunt the person who made them for the rest of their lives. Although it may be appropriate for certain heinous crimes to follow a convicted criminal to the grave, minor convictions should not prevent those who committed them from securing jobs, loans, or other basic needs. That’s why some states have enacted statutes allowing offenders to have their criminal convictions expunged from their records if all requirements are met.
Through expungement, a person’s record can be eliminated, ensuring that it will not be available to the public, and no discrimination can take place based on prior criminal acts. The legal requirements for having a record sealed or expunged are fairly stringent, so it’s important for clients to look into hiring an expungement attorney in Vermont to help them understand their options.
In order to qualify for expungement, the crime must be a non-violent misdemeanor. With the exception of driving while intoxicated, cases of neglect, and stalking, just about all other non-violent misdemeanors are considered eligible crimes. Additional requirements, such as failure to commit any new crimes, and adequate passage of time since the fulfillment of the sentence, are also in place.
Typically a court will decide whether the petition for expungement is in the best interests of justice, and if the petition is denied, the applicant cannot reapply for five years. This time frame for filing appeals is part of why applicants should be encouraged to seek help from an expungement attorney in Vermont, such as Jason J. Sawyer Attorney & Counselor At Law, prior to filing a petition. The procedure can be quite complicated, and even minor filing mistakes can easily result in a petition being denied. Should it be denied, not only will the person petitioning for expungement have to wait to reapply, but he or she will not be refunded filing fees. Given the likelihood of prosecutors putting up opposition to petitions, it just makes good sense to have legal aid both in court and prior to the hearing.
The first step toward moving forward is understanding all available legal options. The next is to learn more about filing a petition. An attorney can help clients with these first steps, and, should they be eligible, can offer continued legal counsel throughout the process.
