Expungement & Record Sealing

Expungement & Record Sealing: Clearing Your Record

Having a criminal record can make life real tough. It can be hard to get a job, rent an apartment, or do other normal stuff. But in some cases, you may be able to have your record expunged or sealed. This means it gets hidden from public view or even destroyed.

Expungement and record sealing are legal processes that can give you a clean slate. They’re not easy to get, but might be possible depending on the crime, when it happened, and what state you’re in. This article explains the basics so you know your options.

What’s the Difference Between Expungement and Sealing?

With expungement, your arrest and conviction records are destroyed or sealed. It’s like they never happened. Expungement laws vary by state, but often apply to first-time, nonviolent crimes like petty theft or minor drug possession charges. Felonies usually can’t be expunged.

Record sealing keeps your file available to police and courts, but hides it from employers, landlords, and the public. Sealing is easier to get than expungement in most states. More serious crimes like assault may be eligible for sealing even if expungement isn’t possible.

The main difference is expungement erases the record while sealing just hides it. But both give you a clean slate as far as background checks and your public reputation.

Who’s Eligible for Expungement or Sealing?

Every state has different laws about who can get their record cleared. But some general rules apply:

• Only convictions for minor crimes may be eligible. Serious violent felonies usually can’t be erased.
• You can only apply after a “waiting period” of 1-5 years with a clean record.
• First-time, nonviolent offenders have the best chance.
• Juvenile records are often easier to seal or expunge.

It helps to have completed your sentence and probation without issues. Active warrants or pending charges will disqualify you.

Many states let you seal a conviction after 3-5 years. Expungement may take 5-10 years. Rules are stricter for violent crimes like assault or sex offenses. But some states do allow sealing of low-level felonies over time.

Talk to a lawyer to see if you’re eligible in your state. There are advocates who help people clear their records for free or low cost.

How Does the Expungement Process Work?

Getting your record expunged takes time and effort, but can be done. Here are some typical steps:

1. Get arrest and conviction records. You’ll need to submit copies with your petition.
2. Determine eligibility based on state laws and waiting periods.
3. Obtain an expungement petition form from the court clerk.
4. Fill out the petition accurately and completely.
5. File the petition with the court and pay fees (often $50-$300).
6. Send copies to the prosecutor and any agencies like police that have your records.
7. Attend your court hearing. A judge reviews and makes a decision.
8. If approved, agencies remove records and notify you.
9. Get a copy of the expungement order. Keep it to prove your clean slate!

Sealing a record has a similar process but is usually more straightforward. Waiting periods are shorter and eligibility broader. The records remain available to authorities but hidden from employers and landlords.

What Types of Records Can Be Cleared?

Different kinds of records have different rules, but many may be eligible for sealing or expungement:

• Arrest records: Arrests that didn’t lead to conviction are often eligible if charges were dropped.
• Misdemeanors: Minor crimes like petty theft, trespassing, or low-level drug possession are commonly eligible.
• Nonviolent felonies: In some states, DUIs, property crimes, and minor drug charges can be sealed after 5+ years.
• Juvenile records: Most states allow sealing or expungement of juvenile crimes more easily, especially for first-time offenses.

Violent crimes like assault, sex offenses, and serious drug trafficking usually can’t be erased. But low-level felonies may be sealed in time. Talk to an attorney about options in your state.

What Are Some Benefits of Expungement?

Getting your record cleared or sealed can make a big difference in opportunities and quality of life. Benefits include:

• Better job prospects without a criminal record.
• Easier access to professional licenses.
• Ability to pass background checks for housing and loans.
• Increased eligibility for student aid and government benefits.
• Avoiding stigma and judgment based on past mistakes.
• Greater peace of mind and self-esteem.

Record clearing gives people a true second chance. It allows them to move on with life and reach their full potential. Our society benefits too when people can positively contribute.

What Are Some Key Expungement Laws and Cases?

Expungement laws have evolved a lot over the years. Some key developments include:

• Federal First Offender Act (FFOA): Allows expungement for first-time drug offenses. See 18 U.S. Code § 3607.
• Juvenile Justice Reform Acts: Made juvenile record sealing easier. See state laws like California Welfare & Institutions Code § 781.
• Nonviolent Offender Rehabilitation Act: Expanded California expungement laws in 2014. See SB-1310.
• Commonwealth v. Wexler (1993): Pennsylvania Supreme Court ruling setting expungement standards. See 527 Pa. 325.

Many states continue to pass new reforms to help rehabilitate offenders. But more progress is still needed so record clearing is an accessible option for all qualified people.

What Are Some Potential Legal Defenses?

There are a few legal defenses that may help if your expungement petition gets denied:

• Procedural errors – Argue the court didn’t follow proper steps in processing your petition and holding the hearing.
• Incorrect eligibility ruling – Challenge the decision by showing you qualify under the expungement law.
• Appeal to public policy – Emphasize how expungement would benefit you and society by giving you a fair chance.
• Question constitutionality – Argue the expungement law itself is unlawful on constitutional grounds.

An attorney can advise on the best defense strategy for your situation. Don’t give up if initially denied. Keep trying to make your case.

How Can People in Need Get Legal Help?

Navigating the expungement process is difficult without legal guidance. Here are some options for finding affordable help:

• Search online for “expungement legal aid” plus your state or city.
• Contact law school clinics at nearby universities.
• Look for nonprofits like legal aid societies that assist low-income people.
• See if there are free expungement clinics hosted in your community.
• Ask public defenders or court clerks for pro bono referral programs.
• Search crowdfunding sites for expungement campaigns to support.

Many lawyers offer payment plans or sliding scale fees. Don’t be afraid to ask about flexible options to make assistance more accessible.

Conclusion

Expungement and record sealing open doors to a better future for millions of Americans. The laws vary widely, so check your state’s policies. Consult advocates to understand your rights. With persistence and patience, many people can overcome past mistakes. A clean slate provides a fresh start if you’re willing to work for it.