Criminal Law

When Expunging Criminal Records Is a Good Idea

Key Takeaways:

  • Expunging your criminal record will clear the criminal conviction from public view in a background check.
  • An expungement can help you out a great deal if you are looking for work and worried about background checks.
  • In some states, even if you have a criminal record, potential employers cannot ask about it.

Everyone makes mistakes. But when those mistakes result in arrests and criminal convictions, they can haunt you for the rest of your life. Being convicted of certain criminal offenses can bar you from certain types of employment, joining the military, enrolling in schools, and living in public housing.

In many situations, a criminal record can mean the difference in getting a job. Even a DUI when you were in your 20s may cause you problems 20 years later. An expungement is a way for you to clear your court record. However, these legal procedures have limitations and are not available to everyone.

For more information about expunging misdemeanor convictions from the public record, talk to an expungement lawyer for legal advice.

What Is Expungement?

Expungement is the process of sealing your conviction records from public view. When someone does a criminal background check of court records, they can see any criminal convictions. Even if the conviction was long ago in your past, some people are still prejudiced against anyone caught up in the criminal justice system.

When Is Expungement a Good Idea?

An expungement is a good option if you have a criminal record and are concerned about your past preventing you from finding work. Expungement allows you to clear your criminal history from the public record. This means that if you had a DUI and your record has been expunged, an employer doing a criminal background check would likely not see the DUI conviction.

The process for expunging your records varies by state. Some states are very strict on prior criminal history, making it almost impossible to clear your record. Other states allow for expungement of both misdemeanor and felony convictions.

Who Is Eligible for Expungement?

Not all people with a criminal record are eligible for expungement. Knowing what is possible in your circumstances before starting down this path would be best. First, you must determine whether expungement is allowed in the state that charged the offense. Having your records expunged depends on several factors, including:

  • Your state laws
  • Your age at the time of the arrest and conviction
  • The nature of the crime
  • How much time has passed since the criminal conviction

In some states, it may be illegal for employers to ask about your criminal record, so you may not need expungement. However, many people who have an arrest record in their past want to clear their record, even if it is just for their peace of mind. Think about the benefits of expungement before starting the expungement process.

Is It Hard to Expunge My Record?

Young people entering the workforce sometimes have concerns about their criminal record. The good news is that juvenile records are usually the easiest to expunge and seal in most cases.

Criminal records for harsher offenses are very hard or impossible to expunge. Crimes that are harder to delete include murder, sex crimes, or serious violent crimes. It is not worth seeking an expungement in those instances.

In some jurisdictions, only arrests that didn’t result in convictions can be expunged. In other states, even convictions can be expunged. Make sure to research the laws in your state to see whether you can expunge your records.

Expungement Doesn’t Erase Everything

Even if you are eligible, know that expunging your criminal record does not necessarily mean it disappears forever. Law enforcement agencies and prosecutors may be able to see prior convictions if someone with an expunged record is arrested and prosecuted for another criminal offense.

However, once you have a conviction expunged from your record, it means most public searches can’t access the conviction. This means that future employers and landlords cannot access these records.

Expunge Your Record With an Expert Attorney

If you have criminal charges in your past and you want to have your criminal record sealed, talk to a criminal defense lawyer for help. A local expungement lawyer can tell you more about your options for a criminal record expungement.

Was this helpful?

At LawInfo, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our pages are written by legal writers and reviewed by legal experts. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.