Plea Agreement and Expungement: Understanding The Basic Concepts
When someone is charged with a crime, they may choose to accept a plea agreement instead of going to trial. A plea agreement is an agreement between the defendant and the prosecution, in which the defendant agrees to plead guilty to a lesser charge or to some of the charges in exchange for a reduced sentence or other benefits.
An expungement, on the other hand, is the process of sealing or erasing a criminal record so that it becomes unavailable to the public. If a record is expunged, it is as if the arrest and conviction never occurred. Expungement can make it easier for someone to get a job, housing, and other opportunities that may have been closed off to them because of their criminal record.
Plea Agreement and Expungement are two distinct yet related legal terms that can impact people`s lives in significant ways. Below is an overview of each term.
Plea Agreement
A plea agreement is a negotiated settlement between the defendant and the prosecution, in which the defendant agrees to plead guilty to specific charges or to a lesser charge in exchange for a reduced sentence or other benefits. Typically, plea agreements are reached after the defendant has been charged with a crime and before the case goes to trial.
Plea agreements can be beneficial for both the defendant and the prosecution. For the defendant, a plea agreement can result in reduced charges, a shorter sentence, or other benefits that may not have been available if they had gone to trial. Additionally, by accepting a plea agreement, the defendant can avoid the uncertainty and stress of a trial and potentially secure a more favorable outcome.
For the prosecution, a plea agreement can save time and resources that would have been spent on a trial. Additionally, a plea agreement can help ensure that the defendant is held accountable for their actions and that justice is served.
Expungement
Expungement is the process of sealing or erasing a criminal record so that it becomes unavailable to the public. When a record is expunged, it is as if the arrest and conviction never occurred. Expungement can make it easier for someone to get a job, housing, and other opportunities that may have been closed off to them because of their criminal record.
Not all criminal records are eligible for expungement, and the laws governing expungement vary from state to state. Generally, to be eligible for expungement, a person must have completed their sentence, including any probation or parole, and must not have committed any new crimes since their conviction. In some cases, a waiting period is required before a record can be expunged.
In conclusion, understanding the basic concepts of plea agreement and expungement is necessary for anyone who has been charged with a crime or has a criminal record. While a plea agreement can result in reduced charges or a shorter sentence, expungement can erase a criminal record and offer a chance for a fresh start. If you need help navigating these legal terms, consult an experienced attorney who can guide you through the process.