Does an Expunged Criminal Record Still Follow You?

Some states allow certain criminal convictions to be expunged or cleared from your criminal history. Each state has its own rules for expungements. Most state laws limit the types of criminal convictions eligible for expungement to misdemeanors and non-violent offenses.

If you have a criminal record, getting an expungement can have many advantages. In most states, an expungement allows you to truthfully tell employers that you don’t have a criminal record as part of a job application. However, there are situations when an expungement is not enough to make it seem as if a crime never occurred.

For more information about clearing crimes from a background check, talk to an expungement criminal defense lawyer for legal advice.

Will an Expungement Seal My Criminal Record?

Expungement is the process of sealing your criminal charges. With expungement, a public criminal history search won’t show your conviction or arrest record. This can help with potential employers or finding housing after a criminal past.

Eligibility for expungement can depend on the crime, your age at the time of the conviction, and how much time has passed. Generally, serious violent crimes and sex crimes are not eligible for an expungement order. Juvenile records are usually eligible for an expungement petition. Expungement may require a waiting period after the criminal sentence before you can clear the court records.

In most cases, your criminal records are sealed when you get an expungement. However, the government still maintains evidence of your conviction. If you are applying for government jobs the conviction will still likely show up in a criminal background check.

If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.

After Conviction for Another Crime

Many states will allow previous criminal convictions that have been expunged to be used in the prosecution or sentencing of a later arrest or conviction. An expunged conviction can be used during the prosecution of the crime as evidence of prior behavior or a pattern of criminal behavior.

Many states allow evidence of expunged convictions for sentencing. Most states have lesser penalties or sentences for first-time criminals. State law may have enhanced penalties for people with prior convictions. This means if you receive an expungement but commit a crime in the future, the system will treat you as a repeat offender. For example, a prosecutor can use evidence of a prior conviction after another drunk driving arrest for a second DUI offense.

Professional Licenses or Employment

Certain government and criminal justice agencies may be able to see expunged convictions when it comes to seeking some government jobs or professional licenses. The state may consider that public safety outweighs the burden imposed on your ability to find a job.

For example, Florida gives access to expunged criminal records to the Florida Bar, the Department of Children and Families, the Board of Education, and law enforcement agencies. If you applied for a license or job with these agencies, your criminal case may still show up even if it is cleared from the public records.

Immigration or Deportation Hearings

If you have had a conviction expunged, you may also find that your records come into play if you face immigration or deportation proceedings. If you are not a U.S. citizen, even if you are living here legally, you can face deportation for committing certain criminal offenses. This includes certain drug crimes and crimes of moral turpitude.

The federal government does not have to follow state expungement laws. If a state clears your criminal record, the federal government can still see evidence of the prior offense and use your criminal record against you in deportation proceedings.

Speak to an Attorney About Expunging Your Records

An arrest and conviction can change everything. Fines or jail time are the immediate concern, but a conviction will also mean a criminal record that can make it harder to find a job and housing in the future. Getting a clean slate can make all the difference. If you are thinking of requesting an expungement, contact a criminal defense attorney to talk about the first steps in the expungement process.