Does an expungement completely clear my record?

Does an Expungement Completely Clear My Record?

If you have a criminal record, getting an expungement can help give you a fresh start by removing past arrests or convictions from your record. But does an expungement completely wipe your record clean?

The short answer is no. An expungement seals your criminal record from public view and lets you legally deny its existence in most situations. However, an expungement does not permanently delete or destroy your record. This article explains what expungement does, its benefits and limitations, and whether any traces remain.

What is an Expungement?

An expungement is a court process that “seals” your criminal record from general public view. Key effects include:

• Your arrests and convictions will not appear on background checks used by employers, landlords, etc.
• You can legally answer “no” if asked about your record on job or housing applications.
• Your charges are dismissed and the case closed.

However, expungement does not completely erase or delete your record. Some vestiges remain accessible under limited circumstances.

Major Benefits of Expungement

While not perfect, expungement still offers these invaluable benefits:

• Opens up job and career opportunities that were closed to you before.
• Allows you to pass employer and landlord background checks.
• Lets you regain certain rights like voting, jury duty and gun ownership.
• Stops your record from being disseminated and published online.
• Gives you peace of mind about your past mistakes.

For most practical purposes, an expungement allows you to move forward with a clean slate.

What Remains After an Expungement?

While expunged cases are sealed from public access and most background checks, some exceptions remain. Your expunged record may still be accessed by:

• Law enforcement agencies if you have future criminal issues.
• The court if you have any future court case.
• Government licensing agencies if relevant to an application.
• Federal agencies like immigration and national security services.

So remnants of your record do still exist internally for limited purposes. But they are sealed from most external background checks.

You Must Still Disclose in Some Situations

While you can legally deny your expunged record in most contexts, you may have to disclose if:

• Testifying under oath in court.
• Questioned directly during security clearance background checks.
• Required by law to disclose criminal history for certain jobs.

So be aware you may still need to acknowledge your record in certain special situations after expungement.

Your Record Still Exists Internally

An expungement seals your record from external view, but internally copies still exist at various agencies, including:

• State and federal courts where your case occurred.
• State criminal record repositories.
• Law enforcement agencies involved in your arrest.
• Prosecutor offices that handled your case.

These entities keep your records sealed and confidential, but they are still archived.

Commercial Background Checks

What about commercial background check companies? Unfortunately:

• Some companies fail to update databases when records are expunged.
• They may report your expunged case in error.
• You may have to contact them individually to fix any errors.

So commercial background checks can sometimes still show expunged cases inaccurately.

What is Destroyed or Deleted?

As part of expungement, any physical copies of documents related to your case held by public agencies are typically destroyed or deleted. This includes:

• Paper court records.
• Police investigative records.
• Prosecutor’s paper case files.
• Mug shots.
• Fingerprint records.

However, electronic copies often remain in confidential internal databases.

Automatic Denials Persist

Another issue is that some agencies automatically deny applications if any criminal record shows up. To avoid unfair denials:

• Petition agency to review your specific expunged case.
• Explain it is sealed and should not disqualify you.
• Provide evidence you are rehabilitated.

Unfortunately, some agencies still automatically reject anyone with any record, even if expunged.

When Expungement May Not Be Possible

For certain very serious crimes, expungement may not be an option at all. These often include:

• Violent felonies like murder, rape, robbery.
• Serious drug trafficking offenses.
• Crimes with victims who object to expungement.
• Offenses that require sex offender registration.

The laws in your state will dictate which types of crimes can and cannot be expunged.

Weighing the Pros and Cons

While expungement has limitations, for most people the benefits outweigh any downsides. Consider:

• Pros: Gain employment and housing opportunities, privacy.
• Cons: Record remains in some internal databases, denial still possible for some licenses.

For any record eligible for expungement, it is usually well worth pursuing.

Speak to an Attorney About Your Options

Every situation is unique, so consult an attorney to understand if expungement is possible for your record. If so, they can advise whether it makes sense given your goals and circumstances.

While expungement has limits, in most cases it can still profoundly improve your life and prospects.

References

[1] https://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html

[2] https://www.criminaldefenselawyer.com/resources/criminal-defense/expungement/expunged-criminal-records-remain-available-fbi-cia

[3] https://www.jobsforfelonshub.com/expungement-pros-and-cons/

[4] https://www.collinslawgroup.com/expungement-faqs

[5] https://www.nolo.com/legal-encyclopedia/what-s-the-difference-between-sealing-expunging-criminal-record.html

[6] https://www.shouselaw.com/ca/blog/penal-code/does-an-expungement-clear-your-record/