Expungements

| by sasmatipati@gmail.com

Last Updated on: 26th September 2023, 04:07 am

Expungements – A Path to a Clean Slate

Having a criminal record can create major barriers to jobs, housing, education and more. An expungement provides a valuable chance at a fresh start by sealing eligible criminal records from public view.

An expungement is a court-ordered process that essentially sets aside a criminal conviction or arrest as if it never occurred. While expungement has limits, it can be life-changing for those seeking to overcome past mistakes.

What is Expunged in an Expungement?

An expungement order typically seals the following from public access:

• Arrest records
• Criminal court records
• Conviction and sentencing records
• Probation and parole records

With an expungement, these records cannot be seen on background checks by employers, landlords and in most other contexts.

Major Benefits of Expungement

While not perfect, expungement offers many invaluable benefits, including:

• Improved access to jobs and careers
• Ability to pass employer and landlord background checks
• Regaining eligibility for professional licenses
• Restoration of gun ownership rights in some states
• Increased access to student loans and public housing

In effect, an expungement provides a true second chance in life after a criminal conviction.

Requirements and Eligibility

Expungement eligibility and requirements vary by state but often include:

• Waiting period since conviction – often 3-5 years
• Completion of all court ordered sentences
• No pending charges
• Limits on number/type of convictions
• Payment of fines and restitution

While rules differ across states, expungement requirements aim to ensure rehabilitation since the offense.

The Expungement Process

The expungement process typically involves:

1. Filing a petition in court requesting expungement
2. Serving the petition on necessary officials like prosecutors
3. Attending a court hearing on the petition
4. Court issuing expungement order if approved
5. Verification of record sealing by relevant agencies

An attorney can provide invaluable assistance with navigating the expungement process.

Limitations of Expungement

While expungement provides enormous benefits, some key limitations remain:

• Records remain available to courts and law enforcement internally
• Private background check companies may not update properly
• Federal agencies like immigration can still access records
• Does not erase criminal records entirely in most cases

However, these limitations do not outweigh the significant benefits for most people with eligible records.

Seeking Legal Advice

Those interested in pursuing expungement should consult an attorney knowledgeable about the expungement laws and process in their state. An attorney can:

• Review eligibility based on record
• Explain process, timelines and costs
• Handle petition drafting and filing
• Represent client at expungement hearing
• Provide guidance on record disclosure rules after expungement

With proper legal advice, many can successfully navigate the expungement process and gain a clean slate.

Conclusion

For those meeting eligibility requirements, expungement provides perhaps the most effective path to overcoming a criminal record. While limits exist, an expungement can open doors to jobs, housing, education and more.

Those with eligible records should explore expungement as an option to escape the stigma of a criminal past, if possible under state law.

References

[1] https://www.americanprogress.org/article/expunging-clearing-criminal-records/

[2] https://www.findlaw.com/criminal/expungement/expungement-basics.html

[3] https://repository.law.umich.edu/cgi/viewcontent.cgi?article=3167&context=articles

[4] https://texaslawhelp.org/article/clear-or-seal-your-record-expunctions-vs-nondisclosures-in-texas

[5] https://www.peoples-law.org/expungement-and-changing-your-criminal-record

[6] https://files.eric.ed.gov/fulltext/ED233366.pdf