Expungement and Sealing of Criminal Records

Having a criminal record can create major barriers to jobs, housing, education and more. Expungement and record sealing are legal processes that allow people to remove eligible crimes from their record under certain conditions. Understanding how expungement and sealing work is important for those seeking a clean slate.

What is Expungement?

Expungement is the process of having an arrest, charge or conviction removed from your criminal record as if it never happened . When a record is expunged, it is erased and destroyed. An expunged case should not show up on any public records or background checks. Each state has different laws on what crimes can be expunged and the process to do so. Minor, nonviolent offenses committed long ago are often eligible for expungement after a period of time.

What is Record Sealing?

Sealing a criminal record means the record is not destroyed, but access to it is severely limited . In most states, sealed records are unavailable to the public but remain viewable by law enforcement and courts. Sealing is typically easier to qualify for than expungement, but offers less complete record-clearing. Sealing may be an option for low-level convictions that are ineligible for full expungement.

Benefits of Expungement and Sealing

Clearing a criminal record through expungement or sealing offers many potential benefits:

• Improved employment prospects
• Easier access to professional licensing
• Ability to pass background checks for housing
• Eligibility for student loans and other programs
• Restored voting rights in some states

In essence, it provides a fresh start and removes the stigma of a criminal past .

Eligibility for Expungement and Sealing

Eligibility for record-clearing varies by state but often depends on :

• Type and severity of crime
• Number of offenses
• Time elapsed since conviction
• Compliance with sentencing terms
• Age at time of offense

Consult your state laws to determine if your record may qualify. Violent felonies and sex crimes are typically ineligible.

The Expungement and Sealing Process

The process for record-clearing involves:

1. Determining eligibility based on state law
2. Obtaining criminal records
3. Filing a petition in court
4. Attending a hearing if required
5. Serving proper notice on law enforcement agencies
6. Obtaining a court order granting expungement/sealing if approved

An attorney can help navigate the process and paperwork required. Fees may also apply.

Key Restrictions on Expunged/Sealed Records

It's important to understand expunged or sealed records remain available for :

• Criminal justice agencies and law enforcement
• Licensing boards if the conviction was related
• Federal agencies like immigration and military
• Background checks for sensitive positions

Also, private companies may still retain records in their databases even after court-ordered expungement. Full deletion across all systems is difficult.

Myths and Misconceptions

Some common myths about expunging and sealing criminal records include:

• The record is automatically cleared when you turn 18 - False, you must actively petition the court.
• All charges can be expunged - False, only qualified charges are eligible based on state law.
• The record is wiped clean - Partially false, some agencies still have access.
• You no longer have to disclose it on applications - Partially false, you may still need to disclose to certain employers/agencies.

Get the facts straight so you understand exactly what expungement or sealing does and does not do.

Should You Expunge or Seal Your Record?

If eligible under your state's law, expungement or sealing can be extremely beneficial in overcoming a criminal record. However, the process can be complex without professional help. Consult an attorney to assess your options and get your record cleared properly.

References

1. Expunging and Sealing Criminal Records
2. Expunging Juvenile Records
3. Expungement of Criminal Convictions
4. Expunctions vs. Nondisclosures in Texas
5. Illinois Expungement Information
6. Things to Know About Expungement