Expunging Criminal Records

A criminal record can have a significant effect on your future even after you serve your sentence. For example, it is legal for certain employers to refuse to hire people with criminal history records. Landlords can also deny renting a house or apartment to you.

If you have a criminal record, there are steps that you can take to minimize how convictions might affect you in the future. Specifically, you can seek to have your criminal records expunged.

A criminal defense lawyer can help you navigate the system necessary for an expungement, offer legal guidance, and support you during the expungement process.

Expunging Your Records: What It Means

Expungement is a legal process that erases your criminal record from public view. In most cases, this means you won’t have to disclose your criminal record when applying for a job or housing. The details, however, may vary from state to state, so make sure to research the laws of your specific state to verify what applies in your case.

What Happens When You Expunge Criminal Records

When you get an expungement order, your criminal records and most court records are erased from public view and background checks. You will have a clean slate, and it will be as if they never happened. However, that doesn’t mean the record will be destroyed. Certain government agencies, criminal courts, and law enforcement bodies will still be able to access your records, but a potential employer or landlord will not be able to see them.

Even though your record is “sealed,” it may sometimes be used in certain legal proceedings. For instance, if you receive an expungement and are then convicted of another crime, the judge may use your expunged conviction during sentencing for that court case.

When Records Can Be Expunged

Each state has the authority to determine when and if to expunge a criminal record, arrest record, and court records. There is a wide variety of state laws about which records may be expunged. These include states that:

• Do not allow records of any criminal offenses to be expunged
• Allow expungement for people with only one conviction
• Allow expungement for juvenile records, felony convictions, criminal charges, and criminal convictions
• Limit expungements to nonviolent crimes or misdemeanors and misdemeanor convictions

To qualify for an expungement, you generally need to complete your sentence and have stayed out of legal trouble for a certain length of time. Generally, violent crimes and sex offenses cannot be expunged.

For more information about the expungement of criminal records in your jurisdiction, you should visit your state criminal court website or speak to a local criminal defense attorney.

How Records Can Be Expunged

Expungements do not happen automatically. If you have a criminal record, you must specifically request an expungement. Although the process varies depending on the state, it generally follows the following steps:

• You must complete and submit an application requesting the expungement
• You should explain why you should receive an expungement and how you qualify
• Pay any applicable fees

Since an expungement proceeding is not a trial, you don’t have a constitutional right to an attorney. However, as in any legal proceeding, you can decide to hire an attorney at your own expense. Given the importance of an expungement to your future employment and reputation, you should strongly consider hiring a lawyer who understands the process and can help you prepare to answer any questions.

Who Is Eligible for an Expungement?

Whether a court will grant your expungement request depends on several factors. These include:

• The nature of the crime with which you were charged
• Whether the state allows expungement
• The time that passed since your arrest
• The success of your rehabilitation

Generally, you can maximize your chances of having your records expunged if you can explain why you need the records expunged and if you can demonstrate that you have been successfully rehabilitated since the time of your conviction. For example, the court will typically consider if you want the record expunged so that you can become gainfully employed and if you have taken specific steps to stay out of trouble since the time of your conviction.

A Lawyer Can Help With Your Expungement Questions

A person’s criminal record follows them for life unless it is expunged. Having a criminal history and evidence of your involvement in the criminal justice system will have a significant effect when applying for housing, jobs, education, and more.

Since the laws expunging criminal cases are complex, it’s a good idea to speak to a criminal defense attorney who can give you tailored legal help and legal advice. Additionally, since expunged records are still viewable to some criminal justice agencies, the attorney will offer guidance about what sealed records and what public records will be searchable and how.