Expungement Explained
What is Expungement
Expungement is, generally, the process by which a criminal conviction may be sealed and, in some cases, effectively erased.
Depending on the state and the contents of a person's criminal record, expungement may be available for most non-violent offenses, only for first time offenders, or only in conjunction with a pardon.
Each state has its own guidelines for expungement, and a local attorney can explain if your conviction can be sealed. While an expungement may be difficult to attain, an attorney can help you navigate the process. Connect with a criminal defense attorney today by filling out our free form or calling 877-455-1059.
Effects of Expungement
Expungement can give those with a criminal record the chance to wipe the slate clean. However, that opportunity is not the same in all states. A successful expungement may allow the petitioner to:
- Serve on a jury
- Own a handgun
- Serve in public office
- Deny any past conviction
- Have their records permanently sealed or destroyed
Generally, an expungement allows an offender to say that he or she was never arrested or convicted of the expunged crime, with a few exceptions. However, in most states, a criminal record is never destroyed. An expunged record may say:
- Non-Conviction
- Conviction Set Aside
- Dismissed After Conviction
An expunged record is typically not available to the public, but may be viewed by police agencies, used in court proceedings, or used in employment screenings for high-security jobs. A court order is usually need to open sealed records.
Expungable Records
Generally, expungement applies to all court, correctional and police documents. This means expungement can seal records of a person's apprehension, arrest, detention, trial, conviction and penalties.
Expungement may also apply to fingerprints and DNA. However, extra steps are usually required to get these records cleared.
However, some details of the arrest and conviction may remain. Audio recordings of arrest or interrogation, court documents and other records may be kept intact and easily accessible by authorities.
Expungement Laws by State
Currently, 10 states allow for a full expungement of most felony and misdemeanor offenses. Generally, there is a waiting period, determined by the seriousness of the offense.
Most states allow expungement only in cases where the sentence did not include jail time, or for most misdemeanors. These typically require a probationary period with no arrests.
At least one state allows most convictions to be expunged once the offender reaches age 70.
Expunge Your Records with help from a Criminal Defense Attorney
If you have an arrest or conviction on your criminal record, a local criminal defense attorney may explain how your state defines expungement.
To connect with an attorney near you, simply fill out our free form on this page or call 877-445-1059 today for your no-obligation consultation.
The above summary of expungements is by no means all-inclusive and is not legal advice. Laws may have changed since our last update. For the latest information on expungements, speak to a criminal defense attorney in your area.