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Not Eligible for Expungement?
Not Eligible for Expungement?
In addition to expungement, there are several other options available to individuals seeking relief from the consequences of a criminal record.
These options may vary depending on the jurisdiction and the specific circumstances of the case. Here are three common alternatives to expungement:
Sealing Records: Sealing records involves restricting access to certain criminal records, making them unavailable to the general public. While the records are not completely erased, they are typically sealed from public view, including employers and housing providers. Sealing can provide similar benefits to expungement by improving employment and housing opportunities. However, certain entities like law enforcement agencies and certain government organizations may still have access to sealed records. While expungement is the preferred option, sealing your record can often be the next best thing to protecting your rights and clearing your name.
Pardons: A pardon is an act of executive clemency granted by the governor or the president, depending on the jurisdiction. Pardons do not erase or seal a criminal record but rather forgive or absolve the individual of the offense. Pardons can restore civil rights and alleviate some of the collateral consequences associated with a conviction. However, the process and criteria for obtaining a pardon vary widely, and they are typically granted in exceptional cases where there is evidence of rehabilitation or injustice.
Post-Conviction Relief: Post-conviction relief refers to a range of legal procedures that allow individuals to challenge their convictions or seek remedies for specific injustices related to their cases. These procedures can include filing appeals, motions for a new trial, or petitions for writs of habeas corpus. Post-conviction relief aims to address errors, constitutional violations, or new evidence that could impact the validity of the conviction or the severity of the sentence.
It is important to note that the availability and specific requirements for these options may differ significantly depending on the jurisdiction and the type of offense. Consulting with a legal professional, such as an attorney or public defender, is highly recommended to understand the applicable laws and procedures and determine the best course of action based on individual circumstances.