The criminal record certificate is required for different transactions: employment, housing, studies, and licenses, among others. The difficulty in obtaining a certificate of good conduct “clean” of criminal convictions prevents many people from developing and rehabilitating themselves in society. For this, you will need the help of pardon service.
Having committed a crime should not be an obstacle for a person to reintegrate and be productive in their community. Cleaning the record can go a long way in this process.
Removing crimes from the criminal record is not always possible. In this section, we discuss in which cases it is possible and what is the process established by law.
Some serious crimes:
As long as the person has not committed a crime under local or federal law after serving his sentence, comply with the term established by law to be able to request the request, according to the crime committed.
They are not eligible for this process:
People with extremely long convictions. For example, if a person receives a 99-year sentence, they could not ask for the conviction to be removed from the record because, according to the law, they would have to wait at least 5 years after completing their sentence to request it.
The process and requirements for cleaning the criminal record vary according to the type of crime:
It is the Court that determines whether to grant the removal of the crime from the record or not. The Superintendent’s decision can be reviewed before the Court of Appeals. If it is a serious crime, the decision of the Court of First Instance can be appealed to the Court of Appeals.
What factors can cause a request to remove crime from the criminal record to be denied?
That the prosecutor opposes because he understands that the person does not have a good reputation in the community or another meritorious reason that the judge gives weight to.
That 5 years have not elapsed since the sentence was served if it is a serious crime, or 6 months if it is a less serious crime.
At the time of submitting your application, you are suspected of a crime or have been convicted again in the local and/or federal forum.
That the crime committed is not eligible to request that it be removed from the record.
If you want to know more about the pardon services or if you want i-192 waiver form, we invite you to pardons.org and we will contact you with an expert lawyer.
