In the world of criminal convictions and proceedings, there are many different elements to be considered that may influence the way someone’s prison sentence or other criminal punishments are handled. Vacating a prison sentence is an uncommon move, but it isn’t unheard of. Our article is here to help you understand what exactly vacating a prison sentence is and what it means to have your prison sentence vacated.
What Is a Vacated Prison Sentence?
Vacating is the criminal proceeding of removing a conviction from a person’s criminal record. As a result, their record will appear as if the person was never charged or convicted for a crime and the person will be able to state on all applications when asked that they’ve never been convicted of a crime.
A vacated prison sentence legally annuls the conviction, removing it from public watch reports and FBI databases. It’s important to note that once a conviction is vacated, it cannot be used as part of a future sentence, such as enhancing a sentence, but it might be referenced in future criminal prosecutions when applicable.
Whether or not someone is eligible for a vacated sentence or conviction depends on specific state laws and is at the discretion of the judge or court hearing the motion to vacate. Objections may be possible, but these are situation dependent.
Why Are Prison Sentences Vacated?
Many individuals who may have received prison sentences or other criminal convictions hope for their sentence to be vacated for several reasons. Most commonly, having a prison sentence vacated or another criminal conviction vacated means that it is easier to apply to jobs, housing, school, and other professional atmospheres; the individual will be able to truthfully answer about not being previously convicted when their conviction or sentence is vacated.
Other individuals may be interested in clearing their criminal record or convictions to help them overcome those past mistakes and start a new life going forward. Whatever the reason, vacating a criminal conviction is desirable to many.
Who Is Eligible for a Vacated Prison Sentence?
There are several rules and regulations surrounding who might be eligible for a vacated prison sentence. Most of the time, judges and courts pay attention to how much time has passed between the original conviction or prison sentence and any new convictions, if there are any. A conviction or prison sentence that occurred years ago and no new convictions works in favor of the individual seeking a vacation of convictions on their record.
It’s important to note that every individual’s situation is different and that you must meet basic eligibility criteria to have a prison sentence or conviction vacated. Even if you do meet all of the criteria, other factors specific to your situation and conviction need to be considered; make sure to consult a legal professional who specializes in vacated convictions for more advice.
Additional criteria do apply if the convictions that the individual wishes to be vacated include domestic violence offenses. The individual must not have pending criminal charges in other states or the same state when the motion to vacate is filed, and they must not be part of a domestic violence protection or no-contact order. Your attorney will help you understand any other rules or eligibility criteria that you might need to meet based on your individual situation.
Are Some Offenses Ineligible for a Vacated Sentence?
Some offenses are ineligible to be vacated, and these are typically more violent and obscene crimes. Convictions such as sex offenses, violent crimes or attempt to commit violent crimes, and DUIs are all typically not eligible for any type of motion to vacate. If you have questions about what else might be ineligible for a vacated sentence, speak to an attorney.
Staying Informed of Criminal Records
Staying informed of criminal records, including your own, is important. When a prison sentence is vacated, it will no longer appear on public record or an individual’s personal criminal record. However, some traces of the conviction may be found online shortly following the vacated sentence or conviction, as it takes a while for this information to be removed from widely available public records.
If you are wondering about whether or not your criminal record shows convictions that have been vacated or you are curious about someone else’s record, you can utilize an online criminal records check tool, like Information.com’s, to stay up-to-date with this important knowledge.
