A criminal record can severely impact a person’s life well into the future. Employment opportunities may be squelched, and housing for a renter may be denied, to name just a few scenarios.
Someone with a criminal record may have an option to improve their predicament: expungement. Expungement is the process of removing an arrest or conviction from one’s criminal record. In many situations, it’s as if the arrest or conviction never happened, and therefore need not ever be disclosed. A major stumbling block to employment and renting opportunities as well as gun ownership and voting privileges, among others, is effectively removed. Details vary from state to state, but almost every state allows the practice, at least in certain circumstances.
Expungement offers a fresh start, but there are parameters:
- Some jurisdictions may only permit expungement for arrests and misdemeanor convictions, but deny expungement for felony convictions.
- Expungement might only be available after a person has served their sentence (including probation).
- Expunged information still exists (often in a sealed state court record, which is inaccessible to the public) even though it’s been removed from your criminal record. For example, police departments, the FBI, immigration officials, and some licensing boards are still privy to expunged information.
Getting an expungement is no sure thing. A large volume of detailed paperwork awaits completion, and you need to convince a judge that the benefit of an expungement to you outweighs the disadvantage of the public not having access to or knowledge of this particular arrest or conviction.
Contact an experienced criminal law attorney to guide you through the expungement process.