NATIONALLY RECOGNIZED FEDERAL LAWYERS
What charges can be expunged?
|Last Updated on: 26th September 2023, 11:40 pm
What Charges Can Be Expunged?
Getting criminal charges expunged can give you a clean slate and help with employment, housing, and other opportunities. But not all charges are eligible for expungement. The type of offense, when it occurred, and state laws play a role. Let’s break it down.
Non-Convictions
Arrests or charges that didn’t result in a conviction are often eligible for expungement. Many states allow expunging dismissed charges, acquittals, and arrests where charges were never filed.
Misdemeanors
Misdemeanors are minor crimes punishable by fines or short jail terms. Many states allow expunging misdemeanor convictions after a certain period of time, like 3-5 years.
Low-Level Felonies
Some states also let you expunge low-level felonies like drug possession after being crime-free for 5-10 years. Violent or sexual felonies are seldom expungeable.
Juvenile Records
Most states are more lenient about expunging juvenile records, even serious offenses. Many don’t require a waiting period if the offense was committed before age 18.
First-Time Offenses
Those with only one conviction may qualify for expungement sooner than those with multiple offenses. Some states only allow expunging first-time convictions.
Non-Violent Offenses
Offenses involving violence, weapons, or bodily harm are less likely to be expungeable. Non-violent drug, property, and public order crimes have better chances.
Waiting Periods
Most states require you wait 1-5 years after completing probation before expunging a conviction. Longer waiting periods often apply for more serious crimes.
Age Limitations
Some states only allow expungement for convictions that happened before a certain age, like 25. Offenses committed later in life may not be expungeable.
Pardoned Offenses
If you receive a full governor’s pardon for a conviction, that offense becomes eligible for expungement in many states.
Non-Conviction Records
Arrests and charges ending without conviction create a criminal record, but are not proof of guilt. These are often eligible for expungement.
Case-by-Case Basis
Courts decide expungements on an individual basis considering the facts. Eligibility does not guarantee expungement will be granted.
Traffic Infractions
Minor traffic offenses like speeding tickets generally aren’t part of your criminal record and don’t need expunging. But DUIs may be expungeable.
Sex Offender Registries
Many sex crimes require registering as a sex offender. Expunging the conviction usually doesn’t remove you from the registry.
Federal vs. State Convictions
Expunging state convictions happens at the state level. For federal convictions, you must petition the U.S. Department of Justice.
Sealing vs. Expungement
Sealing records just limits access, while expungement erases the record. Some states only allow sealing certain convictions.
Automatic Expungements
A growing number of states now allow automatic record clearing for certain offenses, saving the petition process.
Non-Disclosure
Where expungement isn’t available, some states allow non-disclosure of certain convictions after a period of time.
Check Local Laws
Expungement eligibility varies widely by state, so check your specific state laws to see what charges can be removed from your record.
With the right offense and circumstances, many criminal records can be expunged for a fresh start. But violent felonies and sex crimes are tougher. Consult a local attorney to understand your options.