Does Your Criminal Record Clear after 7 Years in the USA?

Most people believe that a criminal record disappears after seven years. Unfortunately, that is not the case in the United States. Your record doesn't clear after any amount of time. It stays unless you get it legally erased. If you are dealing with an old charge in Texas, talking to a Dallas misdemeanor criminal defense attorney can be the beginning of finding out your alternatives. To be able to make informed decisions regarding your life, you need to know your rights. Having an unsealed record can affect your opportunity for employment, your rental application for a home or apartment, and even your mental state.

How Long Does a Criminal Record Really Last?

A criminal record is with you for life unless it is expunged or sealed. There is no law where your record is erased after seven years. This seven-year idea is only used when you apply for work and get background checks done on you. With the Fair Credit Reporting Act (FCRA), consumer reporting agencies typically can't release reports of arrests that are over seven years old. But typically, convictions can be reported forever. That is why most people think a record "disappears" after seven years, but it does not.

How Do Background Checks Handle the Seven-Year Rule?

When you obtain employment, most employers conduct a background check. The seven-year rule is that some arrests with no convictions will not show up after seven years. But if you were convicted, employers, landlords, and others can still see that information. Some states, like California, have stricter laws, but Texas does not seal older convictions automatically. You must take affirmative action to request an expungement or a non-disclosure order to remove your record.

What Is Expungement and How Does It Work?

Expungement is a legal procedure in which your record is totally wiped out. If it succeeds, it will appear as if the event never happened. In Texas, you can be eligible for expungement if:

Your charges were dismissed

You were acquitted

You successfully completed a deferred adjudication for certain misdemeanors

But not all cases can be sealed. Violent crimes, severe felonies, and some other offenses usually can't. That's why seeing a seasoned attorney is so crucial.

What Occurs When You Seal Your Record?

If you cannot qualify for expungement, then you might be able to seal your record through an order of non-disclosure. Sealing your record makes it unavailable for public viewing, but is viewable by government agencies. An example would be potential employers in the future with law enforcement or state agency experience, who are still able to look at sealed records. Sealing is an ideal option for the majority of people who have completed probation, completed their sentence, or have had deferred adjudication.

Why You Should Clear Your Criminal Record?

Having a record, even a misdemeanor, can limit your life in so many ways. Employers can deny you a job. Landlords can deny you the opportunity to rent. Volunteer groups may not permit you to serve with them. Even dating is complicated when there are background checks. Wiping your record clean lets you begin anew. You can move on without the cloud of your past hanging over you.

How Can an Attorney Help with Expungement?

It is daunting to go through expungement or record sealing. There are so many rules, deadlines, and forms to work through. A good Expungement lawyer in Dallas, TX, can guide you through the process. They can check if you qualify, file the correct paperwork, and represent you in court if needed. Doing it yourself can lead to mistakes, which might slow down or even ruin your chances.

Your record does not erase itself after seven years. That is incorrect. In order to have a record erased or sealed, you must file legally. Hiring an attorney can make a huge difference in your success. Cleaning your record can lead to new opportunities and peace of mind for the future. Do not let one mistake control the rest of your life. Do something today to reclaim your future.