ENNETH M. CLARK, P.A.
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ATTEMPTING TO GET A CONVICTION CLEARED FROM YOUR CRIMINAL RECORD? When someone is convicted of a crime, that person not only has to deal with harsh penalties, but the individual also has to deal with that conviction being visible on his or her criminal record for years to come. Having a criminal record can have harmful effects on various areas of an individual's life. For example, when a person with a previous arrest or conviction applies for jobs or for housing: background checks will show that the applicant has a criminal record. Many employers and landlords aren't willing to take chances on individuals with these kinds of records, even if there are reasonable explanations behind them. In some cases, it is possible to get a previous arrest or conviction expunged, meaning the record is sealed and made unavailable in state and federal repositories. While the records will still be available in certain limited circumstances, the public will generally not be able to see that an arrest or conviction occurred once the expungement is completed. There are many factors that can determine whether or not a person can be eligible for this process. Since expungement can become very complex, it is very important that those trying to complete the process obtain legal counsel to assist them. At Kenneth M. Clark. P.A. Law Firm, a Wichita criminal defense attorney is ready to assist those who are trying remove arrests and convictions from their records. HOW THE EXPUNGEMENT PROCESS WORKS After a person petitions to have a criminal record expunged, he or she will receive a court date for a petition hearing. The prosecuting attorney and arresting law enforcement agency related to that person's case will be notified of the hearing, according to Kansas Statutes Annotated §12-4516 (2009). Individuals who have "relevant information about the petitioner" are allowed to testify at the hearing. A petitioner can have his or her record expunged if the court finds the following: The individual has not received a felony conviction over the previous two years and there are not similar proceedings presently pending. The individual has demonstrated circumstances and behavior that warrant expungement. The expungement will not place the public at risk. Once the expungement is successfully granted, state and federal criminal justice agencies will be notified and it will be as if the arrest, conviction or diversion agreement never occurred. (A diversion agreement refers to agreed terms regarding diversion programs that are usually given to defendants in lieu of further criminal proceedings). There are certain circumstances, though, in which the defendant's previous criminal records are required to be disclosed. Call us for all your expungement needs: 316-260-6538.
ENNETH M. CLARK P.A.
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Kenneth M. Clark, P.A. Law Firm, PA - Wichita DUI Defense & Criminal Defense Attorney Located at 301 W. Central Ave., Wichita KS 67202 Phone: (316)260-6538 Website: http://www.clarkpalaw.com
ENNETH M. CLARK P.A.
LOCAL
(316) 260-6538
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