Records After Expungement

Getting Your Record Cleared: What Happens After Expungement

So you finally got that old conviction expunged. Congratulations! You went through the whole process, filled out all the paperwork, paid the fees, and showed up for court. Now the judge has officially cleared your record and you’re ready to get on with your life. But what exactly does that mean? Where do those records go, and who still has access? Let’s break it down.

The Short Answer

Once your record is expunged, the arrest and conviction are essentially erased from your criminal history. The court seals up the records so they don’t show up on most background checks – it’s like it never happened. But expungement doesn’t literally destroy every document with your name on it. Certain agencies can still peek at your full record if they look hard enough. And just because it’s expunged doesn’t always mean the past won’t come back to haunt you.

The Long Answer: Where Do Expunged Records Go?

When you get a conviction expunged, the court orders all the arrest records and court documents sealed up and stored away. But they don’t actually vanish into thin air. The records still physically exist in various databases and filing cabinets – they’re just blocked from public view.

Here’s what happens behind the scenes:

• The court system seals their records in your case so they don’t show up on criminal record searches. But the court clerk still keeps the files locked away in case they need to be reopened someday.
• The police department seals your arrest records and takes your mug shots out of their criminal databases. But they keep their original records in storage, just not in the public system.
• The state police or Bureau of Criminal Identification seals your state rap sheet so your conviction doesn’t show up in background checks. But they keep an internal file with your full history in their archives.
• The FBI seals your file in their national criminal records database so your expunged conviction becomes invisible to most background checks run through the FBI. But they still add a note about the expungement to your full rap sheet they keep on file.

So in essence, expunging a record just hides it from plain view – but the record still exists in less-accessible storage as a full history of your past. Think of it like purging a computer file instead of permanently deleting it.

Who Can Still See Your Expunged Record?

The whole point of expungement is to clear your public record so your past conviction doesn’t keep haunting you. But it’s not like a magic wand that erases every trace of your criminal history. Here are some examples of who can still peek at your full record, expunged or not:

• Law enforcement agencies like the police or FBI can see your expunged records for limited purposes like future investigations, or if you apply for a gun permit.
• Federal agencies like border patrol can see your full history in certain background checks. Say goodbye to that stress-free border crossing.
• The military can access your sealed records through the FBI during recruitment. Don’t ask, don’t tell?
• Government agencies can see your expunged record for sensitive jobs requiring security clearance. So no secret agent dreams for you.
• State licensing agencies can view your full history if you apply for something like a medical license.
• Private background check companies may show expunged cases because their databases aren’t always up to date. Always check yourself first!
• Potential employers and landlords are not supposed to ask about or consider expunged convictions. But if they somehow find out, it’s not illegal discrimination.

So always read the fine print and know your state laws. In many cases, an expunged conviction won’t be a deal breaker, but you still have to answer honestly if asked. It’s shady, but not much you can do to stop them from judging you.

In Conclusion: Freedom Ain’t Free

Getting your record expunged is usually the first step to getting your life back on track after a conviction. It opens doors that would otherwise stay locked. But it isn’t a perfect process. Even after expungement, your past isn’t just magically erased or completely sealed for good. Records still exist, loopholes still allow access, and mistakes can come back to bite. But don’t let that discourage you. Expungement is still worth pursuing if you qualify. Just go in with eyes open, know your state laws, and be prepared for the occasional ghost of convictions past to come knocking. You’ve served your time, now keep fighting for your fresh start. It’s not easy, but freedom ain’t free.