Expungement: Explained

Expungement is a legal process that allows an individual to have an arrest or conviction removed from their public criminal record. In many jurisdictions, once a record is expunged, it is as if the event never occurred. This glossary entry will delve into the intricacies of expungement, its benefits, the process, eligibility, and its limitations.

Understanding the concept of expungement is crucial for anyone involved in the legal field, as well as for individuals who may benefit from this process. It can be a lifeline for those who have made past mistakes and are seeking to move forward without the burden of a criminal record.

Definition of Expungement

Expungement, also known as expunction, is a legal procedure that allows a person to have their criminal record sealed or erased in the eyes of the law. It is a court-ordered process in which the legal record of an arrest or a criminal conviction is sealed, or erased in the legal records.

The process varies by jurisdiction, but generally, once a record is expunged, it is as if the event documented (the arrest, the prosecution, or the conviction) never occurred. This means that when applying for a job or a professional license, an individual with an expunged criminal record may, in most cases, answer ‘no’ when asked whether they have a criminal history.

Sealing vs. Expungement

While the terms are often used interchangeably, sealing and expungement are two different processes. When a record is sealed, it is hidden from public view, but remains accessible to law enforcement agencies. On the other hand, when a record is expunged, it is completely removed from the system and, in theory, no longer exists.

However, it’s important to note that even after expungement, some traces of a criminal record may remain. Certain law enforcement agencies may still be able to access the information, and in some cases, the record may be considered for sentencing in future criminal cases.

Benefits of Expungement

Having a criminal record can significantly impact an individual’s life, affecting their employment prospects, housing opportunities, and even their social relationships. Expungement can help mitigate these effects by effectively ‘erasing’ a person’s criminal history.

One of the primary benefits of expungement is improved employment opportunities. Many employers conduct background checks, and a criminal record can be a significant barrier to securing a job. With expungement, individuals can honestly state that they have not been convicted of a crime, increasing their chances of employment.

Other Benefits

Aside from employment, expungement can also improve opportunities in other areas. For instance, some educational institutions and housing providers also conduct background checks. An expunged record can increase a person’s chances of being accepted into an educational program or securing housing.

Moreover, expungement can also have positive psychological effects. The stigma of a criminal record can be a significant source of stress, and expungement can provide a sense of closure and a fresh start.

The Expungement Process

The process for expungement varies by jurisdiction, but typically involves filing a petition with the court. The individual seeking expungement may need to serve notice on the district attorney’s office or other law enforcement agency. In some cases, a hearing may be held, and the court will then decide whether to grant the expungement.

It’s important to note that not all crimes can be expunged. Typically, only certain types of misdemeanors and felonies are eligible, and there may be a waiting period after the completion of the sentence before an individual can apply for expungement.

Role of a Lawyer

While it is possible to go through the expungement process without a lawyer, legal guidance can be invaluable. A lawyer can help navigate the complexities of the legal system, ensure that all paperwork is completed correctly, and advocate for the client in court.

Furthermore, a lawyer can provide advice on whether expungement is the best option, or whether other remedies, such as a pardon or a certificate of rehabilitation, may be more appropriate.

Eligibility for Expungement

Eligibility for expungement is determined by state law, and the criteria can vary widely. In general, factors that may be considered include the nature of the crime, the time elapsed since the conviction or completion of the sentence, and the individual’s behavior since the conviction.

Some states allow for the expungement of both arrests and convictions, while others only allow for the expungement of arrests that did not lead to a conviction. Certain serious crimes, such as sex offenses, may not be eligible for expungement.

Eligibility for Juvenile Records

Many states have special provisions for the expungement of juvenile records. This reflects the belief that individuals should not be permanently scarred by mistakes made in their youth. However, as with adult records, not all juvenile records can be expunged, and the process can be complex.

It’s also worth noting that the expungement of a juvenile record does not necessarily mean that the record is completely destroyed. In some cases, the record may still be accessible to certain entities, such as criminal justice agencies.

Limitations of Expungement

While expungement can provide a fresh start, it is not a cure-all. As mentioned earlier, some traces of a criminal record may remain even after expungement. Certain law enforcement agencies may still be able to access the information, and in some cases, the record may be considered for sentencing in future criminal cases.

Furthermore, some states have laws that allow for the “unsealing” or reopening of expunged records under certain circumstances. For example, if an individual is charged with a subsequent crime, their expunged record may be unsealed for the purpose of determining a sentence.

Expungement vs. Pardon

It’s important to distinguish between expungement and a pardon. While both can provide relief from the consequences of a criminal conviction, they are not the same. A pardon is an act of clemency by a governor or the president, acknowledging that the individual has been rehabilitated. However, a pardon does not erase the conviction; it merely forgives it.

On the other hand, expungement effectively erases the conviction from the individual’s criminal record. However, as discussed earlier, traces of the record may remain accessible to certain entities.

Conclusion

Expungement can be a powerful tool for individuals seeking to move past a criminal conviction. By effectively ‘erasing’ a criminal record, it can open up new opportunities and provide a fresh start. However, the process can be complex and varies widely by jurisdiction, and not all crimes are eligible for expungement.

Therefore, it’s crucial for anyone considering expungement to seek legal advice. A lawyer can provide guidance on the process, eligibility, and potential alternatives, helping individuals make informed decisions about their future.

Start Your Journey to a Clear Record with Clear Legal

Understanding the complexities of expungement can be daunting, but you don’t have to navigate it alone. At Clear Legal, we embody the values of ethics, innovation, and quality to guide you through the expungement process with integrity and expertise. Our commitment to improving access to justice through technology means you can expect a seamless experience tailored to your unique situation. Take the first step towards a fresh start and request a free consultation with our dedicated team today.