Criminal records can haunt individuals long after paying their dues to society. They can significantly affect job and housing prospects and eligibility for government benefits. That’s why many people with criminal records seek to have their records expunged. However, what happens when a person is extradited to another state? Can their record still be expunged? In this blog post, I will discuss the implications of extradition on a criminal record and whether or not it can still be expunged.
What is Extradition
Extradition is the legal process of transferring a suspected criminal from one state or country to another to face charges. If an individual with a criminal record is extradited from one state to another, their record follows them. However, how their record is handled may differ from state to state.
Not All States Share the Same Expungement Laws
it’s important to note that not all states have the same laws regarding expungement. For example, some states allow for the expungement of criminal records for certain offenses, while others do not allow for it at all. Therefore, if an individual is extradited from a state that allows for expungement to a state that does not, they may find that their criminal record cannot be expunged.
Extradition Can Slow Down the Process
The extradition process can complicate matters if both the original state and the receiving state have laws allowing for expungement. The process can be lengthy, and the individual may be held in custody for an extended period. This can delay the expungement process and make it more challenging to complete.
Not All Offenses can be Expunged
The individual should also consider the nature of their offense and the terms of their extradition. For example, some offenses may not be eligible for expungement, even in states allowing it. Additionally, the terms of the extradition may include requirements for the individual to complete their sentence in the original state before applying for expungement in the receiving state.
Individuals need to seek legal advice from an experienced attorney knowledgeable in both the original and receiving state’s laws regarding criminal records and expungement. In addition, an attorney can help navigate the complex legal process of extradition and ensure that the individual’s rights are protected.