Expungement

If you have a criminal record, it can come back to haunt you when you are looking for a job. But some people can have their criminal convictions cleared from their records. Expungement is the process that erases a crime from your criminal record, so it doesn’t come up when employers do a background check.

Getting your record expunged can give you a clean slate. If you want to know more about the expungement process, talk to an experienced criminal expungement attorney for legal advice.

What Is Expungement?

Expunge means to erase or remove. In criminal cases, expungement of records means sealing a criminal conviction from public access. This means that if you expunge your record, a standard criminal background check won’t show the prior conviction.

Depending on state law, expungement is also known as sealing your record. Expungement may not totally erase the criminal record. Law enforcement and criminal justice agencies may still be able to see your prior criminal history. But it won’t show up on most public record background checks.

Why Should I Expunge My Criminal Record?

Most people who want to seal or expunge their criminal record are regular people who may have trouble finding a job, housing, or loans for starting a business. When faced with an application that asks about any past criminal offenses, a record of criminal charges can make it harder to get the job.

Some states have banned job applications asking about past criminal court records. Those employers may still be able to consider misdemeanor or felony convictions if they relate to the job. Clearing your criminal record can help you get a job without punishing you for your criminal past.

What Crimes Can Be Expunged?

The crimes that you can expunge depend on state law. In some states, both misdemeanor convictions and felonies can expunged from your criminal history record. However, most states make it very difficult to expunge serious felonies and violent crimes.

Lower-level crimes may be more likely to qualify. For example, some non-violent misdemeanors that you can often expunge include:

• Vandalism
• Driving under the influence (DUI)
• Marijuana possession
• Petty theft
• Disorderly conduct

Sex crimes and violent or repeated offenses may be exempt from expungement. When the court considers an expungement order, the decision may depend on several factors, including:

• The severity of your past crimes
• The waiting period that has elapsed since your arrests or convictions
• Completion of your sentencing
• Public safety

Generally, you must already have served the entirety of your sentence. In certain situations, serving the prison sentence and part of probation may also open up your eligibility for expungement.

Expungement Laws by State

State laws vary in how they handle expungement requests. For example, in California, you cannot ask for an expungement if you are currently serving time on probation. You must wait until the probation period is over to file an expungement petition.

Texas refers to the expungement of a record as expunction. It is difficult to qualify for expunction unless the governor pardons you for the crime. Arrests without conviction, or convictions for which you were later deemed innocent, do qualify for expunction. In other cases, you may qualify for an order of nondisclosure, effectively sealing the record.

Colorado makes it difficult to seal your records. There are only a few situations where you can expunge a criminal record, including for juvenile records, petty offenses, victims of trafficking, and drug offenses.

Can You Expunge a Federal Crime?

Expunging federal offenses is rare, and there are very few exceptions to clearing a federal crime from public view. In certain limited cases, federal circuit courts have upheld the expungement of a person’s criminal record. But these cases are exceedingly rare.

The Second Chance Act, the Fresh Start Act, and the REDEEM Act provide a legal framework for expungement at the federal level. But no law has passed to support federal criminal expungement. It may be better to seek a pardon rather than an expungement to clear your criminal record.

How To Get a Record Expunged

You may be able to get help through court self-help information or legal services to see if you qualify for expungement. However, you may have to qualify for low-income legal services.

An experienced expungement lawyer can provide the legal help necessary to get a fresh start. The legal process for expunged records can be hard to navigate. State laws are also changing all the time. An expungement lawyer can help you understand the legal process, file your petition, and represent you in court.

Job-hunting with a criminal record can be frustrating. Expungement can be a way for you to level the playing field and move on from your past.