Can I Get My Records Sealed?
Nov. 18, 2024
Sealing criminal records can feel overwhelming. For many individuals, having a criminal record can present significant challenges, affecting employment opportunities, housing options, and even personal relationships.
Understanding whether you can get your records sealed is crucial, especially in states like Missouri, where laws may vary. If you’re in St. Louis, Missouri or nearby areas, working with an attorney from Bretz Legal, LLC can help.
What Does It Mean to Seal Your Records?
Sealing records means that your criminal history becomes inaccessible to the public. When records are sealed, they may still be viewed by certain entities, such as law enforcement or the courts, but they won’t be available for public inspection. This process is often confused with expungement, which typically refers to the complete removal of a record.
In Missouri, sealing your records may significantly improve your chances of moving forward with your life. This process allows individuals to present themselves without the burden of past mistakes affecting their future opportunities.
Eligibility for Sealing Records in Missouri
Before pursuing the sealing of records, it’s important to understand the eligibility criteria. In Missouri, not everyone can have their records sealed. Generally, certain types of offenses qualify for sealing, while others don’t.
Type of offense: Certain misdemeanors and felonies may qualify for sealing after a specified period. For example, non-violent misdemeanors might be sealed after a waiting period, while more serious offenses may not be eligible at all.
Time elapsed: Missouri typically requires that a certain amount of time has passed since the completion of your sentence, including parole or probation. For many offenses, this period is three years, according to the Missouri Department of Corrections, but it can vary based on the nature of the offense.
No pending charges: Individuals seeking to seal their records must not have any pending criminal charges. If you’re currently involved in any criminal proceedings, it’s likely that you can’t pursue sealing until those matters are resolved.
Behavior since the offense: Courts often consider an individual's conduct since the offense. Demonstrating rehabilitation, consistent employment, and community involvement may play a significant role in the decision to seal records.
Nature of the crime: Some serious offenses, such as violent crimes or sexual offenses, generally don't qualify for sealing in Missouri.
The Process of Sealing Records
Understanding the steps involved in sealing records is crucial. While it may seem overwhelming, following a clear process may simplify things.
Gather information: Begin by collecting all relevant information about your criminal record. This includes obtaining copies of any arrest records, court documents, and information about your sentence. Having comprehensive details will help in the application process.
File an application: In Missouri, you need to file a petition to seal your records. The petition should include details about your conviction, the date of the offense, and the completion of your sentence. You’ll also need to provide proof of rehabilitation and any relevant supporting documents.
Notify the prosecutor: After filing your petition, the local prosecutor’s office will need to be notified. They may have the opportunity to object to your request. Understanding their stance may help in anticipating any potential challenges.
Attend the hearing: In many cases, a hearing will be scheduled. This is where you can present your case for sealing your records. It’s advisable to have legal representation during this stage, particularly someone with a background in criminal defense. Having someone knowledgeable in criminal defense may impact the outcome.
Wait for the decision: After the hearing, the court will make a decision. If approved, the records will be sealed, and you’ll receive a formal order indicating that your criminal history is no longer public record.
Common Challenges in Sealing Records
While many individuals can successfully seal their records, challenges may arise. Being aware of potential obstacles may help you prepare.
Objections from the prosecutor: If the prosecutor believes that sealing your records wouldn’t be in the interest of justice, they may file an objection. Understanding the reasons behind their objections can be crucial. This is where a solid background in criminal defense comes into play. A skilled attorney may counter these objections effectively.
Insufficient time elapsed: If you haven’t waited the required amount of time since completing your sentence, your application may be denied. It’s important to track these timelines carefully.
Crimes that don’t qualify: If your conviction is for a type of offense that's ineligible for sealing, this will result in a denial. Familiarizing yourself with the list of offenses that can’t be sealed is a wise step before proceeding.
Incomplete application: Filing an incomplete application may lead to potential delays or rejections. Checking that all necessary documents are included is essential. A qualified criminal defense attorney may help.
The Role of Legal Representation
When it comes to sealing your records, having a knowledgeable attorney may make a significant difference. Legal representation is especially important in undergoing the process of criminal defense and understanding local laws.
Guidance through the process: An attorney can often provide step-by-step guidance through the application process. They may help you gather the necessary documents and complete forms.
Strategic advice: Legal counsel may offer strategic advice on how to present your case effectively during the hearing. They can highlight key aspects of your rehabilitation and positive changes since your offense.
Handling objections: If the prosecutor files an objection, having a skilled attorney may be invaluable. They may counter arguments and advocate for your right to have your records sealed.
Peace of mind: Having an attorney experienced in criminal defense may offer peace of mind, knowing that you have someone fighting for your best interests.
The Impact of Sealed Records on Your Life
Successfully sealing your criminal records can have profound effects on various aspects of your life.
Employment opportunities: Many employers conduct background checks. Having a sealed record means potential employers won’t have access to your past convictions, significantly increasing your chances of employment.
Housing applications: Landlords often look at criminal history as part of the tenant screening process. Sealing your records may help you secure housing without the stigma of past offenses.
Personal relationships: Past mistakes can strain personal relationships. Sealing your records allows you to move forward without the burden of your criminal history weighing on your interactions with friends, family, and potential partners.
Peace of mind: Ultimately, sealing your records may provide a sense of closure. It allows individuals to focus on their future instead of being haunted by past mistakes.
Your Next Steps
The ability to seal criminal records in Missouri may provide a vital opportunity for individuals seeking to reclaim their lives after past mistakes. Understanding the eligibility requirements, completing the application process, and facing potential challenges are all essential steps in this journey.
While the process can feel overwhelming, especially for those who may be unfamiliar with criminal defense procedures, having knowledgeable legal representation may simplify things.
If you're considering sealing your records, take the time to research, gather necessary documentation, and consult with an attorney who understands the ins and outs of criminal defense.
Moving forward without the shadow of a criminal record can open doors to new opportunities, allowing individuals to rebuild their lives with confidence.
Consult With an Experienced Criminal Defense Attorney
If you’re looking to seal your records, work with a criminal defense attorney who’s knowledgeable, dedicated, and breaks down legal jargon for ease of understanding. Providing services for clients in St. Louis City as well as throughout St. Louis County, St. Charles County, Jefferson County, and Franklin County, Bretz Legal, LLC is here to help. Call toda