If you are considering or are currently facing a criminal case, you are probably wondering how a person with an expunged offense can expunge an aggravated assault charge. A convicted offender might think that they have won a lopsided legal battle but what they do not know is that their criminal conviction will remain on their record for many years to come. In some cases, the act of attempting to expunge an aggravated assault charge may be enough to protect them from being re-arrested.
The first and foremost thing that a person must understand is that the act of trying to expunge the offense from a person's record does not necessarily mean that the charges will be dropped. Many people automatically assume that once they ask for a certain expungement of their record, it has become permanent. Unfortunately, this isn't necessarily the case.
An attempted expungement of an aggravated assault charge might actually lead to the person being arrested again. For example, a person who attempts to expunge their offense from their criminal record may actually be arrested for the same offense after an arrest. It is important to remember that the charges could have been expunged but for the failed attempt.
An aggravated assault charge that has been expunged is still open to your attorney to re-prosecute. This is because the records of the expungement are still in place. At some point, the defense may feel that they have satisfied the requirements of the law and file a motion to reopen the case.
Even if your case was successfully cleared by the courts, you should still ask yourself if you can do an expungement yourself. Sometimes people forget that the law is always in effect. As a criminal defense attorney, you should always remain aware of any situations where you can and cannot do an expungement of your records.
Unfortunately, there are some situations in which it would be impossible for a person to do an expungement of their records without the help of a professional criminal defense attorney. The most common situation that occurs in this instance is a drug or alcohol-related conviction. This type of felony can only be expunged by the proper court order. Otherwise, the offender's name will be recorded as an offender for life.
There are some other circumstances where a person could do an expungement of their records themselves. If the crime involved a victim who was a minor at the time of the crime, a person might be able to do an expungement of their records. In some cases, a person's criminal record might have been expunged for a very long time and they might be surprised to find that their records are open. Another situation in which a person can expunge their records themselves is when the person is seeking parole.
In cases like these, the offender's record will not be expunged while they are incarcerated and are subject to all the same restrictions as anyone else who is incarcerated. Even if you were never convicted of any other crime, you can still expunge your records. An experienced criminal defense attorney can help you with your case and determine if you can do an expungement of your records.
If you don’t call us to get an experienced criminal defense lawyer on your side to defend you against a rabid State prosecutor, the chances of your life being destroyed are extremely high.
Make sure the odds are in your favor by calling us right away to start working on your defense.
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