Having a criminal record can have lasting consequences, affecting your job prospects, housing opportunities, and overall quality of life. Fortunately, in many cases, you may be able to clear or “expunge” your criminal record, giving you a fresh start. Expungement is a legal process that allows individuals to erase certain criminal offenses from their record, making them inaccessible to the public and potential employers.
In this article, we’ll walk you through what expungement is, how it works, the types of offenses eligible for expungement, and the steps to take if you want to clear your criminal record.
What is Expungement?
Expungement is the legal process of sealing or erasing a criminal record. Once a criminal record is expunged, it is treated as though the offense never occurred. This means that, in most cases, you will no longer have to disclose the conviction on job applications, background checks, or other situations that require you to reveal your criminal history.
While the specifics of expungement vary from state to state, in general, expungement allows individuals to legally deny having a criminal record in most circumstances. However, certain serious crimes, such as violent felonies or sex offenses, are usually not eligible for expungement.
Why Seek Expungement?
Clearing your criminal record can offer significant benefits, including:
- Improved Job Opportunities: Many employers conduct background checks, and a criminal record can make it more difficult to secure a job. Expungement allows you to answer “no” to questions about criminal convictions on job applications.
- Restored Rights: In some cases, expunging a criminal record can restore certain civil rights, such as the right to vote, serve on a jury, or own firearms, depending on the state and the nature of the offense.
- Peace of Mind: Having a criminal record expunged can bring peace of mind and the opportunity to move forward without the burden of past mistakes following you around.
- Improved Housing Prospects: Landlords may conduct criminal background checks before renting to a prospective tenant. Expungement can increase your chances of securing housing.
What Crimes Are Eligible for Expungement?
Not all criminal convictions are eligible for expungement. The eligibility requirements vary depending on the type of crime, the state’s laws, and whether you have successfully completed any probation or parole requirements. However, in general, the following types of offenses may be eligible for expungement:
- Misdemeanors: Non-violent misdemeanors are often eligible for expungement. These may include offenses like petty theft, drug possession, or public intoxication.
- Certain Felonies: In some states, certain felony convictions can be expunged, particularly if they were non-violent or if the individual has demonstrated rehabilitation. Felonies like drug offenses may be eligible in some cases.
- Dismissed Charges: If your case was dismissed before trial, or if you were acquitted, you may be able to expunge the record of the arrest or charge.
- Diversion Programs or Probation: If you successfully completed a diversion program, such as a drug treatment or rehabilitation program, you may be eligible for expungement after completing the program without further violations.
However, some offenses are generally not eligible for expungement, including:
- Violent Crimes: Serious crimes such as murder, manslaughter, sexual assault, and other violent felonies are usually not eligible for expungement.
- Sex Offenses: Offenses involving minors or sexual misconduct are often ineligible for expungement, especially if the individual was required to register as a sex offender.
- Repeat Offenses: Individuals with multiple felony convictions or a long history of criminal offenses may have difficulty qualifying for expungement.
To determine whether your specific conviction qualifies for expungement, you will need to review the laws of the state where the offense occurred or consult an attorney.
Eligibility Requirements for Expungement
In addition to the type of offense, there are several other factors that may affect your eligibility for expungement. These can vary by state, but some common requirements include:
- Time Passed Since Conviction: Many states require that a certain amount of time has passed since the completion of your sentence, including probation or parole. This waiting period can range from a few years to over a decade, depending on the offense.
- Completion of Sentence: You must have fully completed your sentence, including paying fines, completing community service, or finishing any required rehabilitation programs.
- No New Criminal Offenses: If you have been convicted of another crime since the offense you want expunged, you may be disqualified from expungement. Most states require that you have a clean record since your conviction.
- Proven Rehabilitation: In some cases, you must demonstrate that you have turned your life around and that you are unlikely to reoffend. This may involve providing evidence of stable employment, community involvement, or successful completion of a rehabilitation program.
Steps to Clear Your Criminal Record
The process for seeking expungement can be complex, but following these general steps can help you navigate the process:
1. Obtain Your Criminal Record
Before you can begin the expungement process, you need to obtain a copy of your criminal record. This will allow you to review all of your arrests and convictions, ensuring that you’re only seeking expungement for eligible offenses.
You can usually request your criminal record from the state police department, the FBI, or the local courthouse. There may be a fee for obtaining this record.
2. Determine Your Eligibility
Once you have your criminal record, review the offenses listed and check if they meet the criteria for expungement in your state. You can research the laws of your state online or consult an attorney who specializes in criminal law to get advice on your eligibility.
3. File a Petition for Expungement
If you’re eligible, the next step is to file a petition for expungement with the court. This petition will require you to submit details about the conviction(s) you want to expunge, as well as any supporting documentation, such as proof of rehabilitation or completion of your sentence.
Depending on your state, you may need to file the petition in the same court where you were convicted, or with a local expungement office.
4. Pay Fees
There are usually filing fees associated with expungement, which can range from $100 to several hundred dollars, depending on the state and county. In some cases, you may be able to request a fee waiver if you cannot afford to pay.
5. Attend a Hearing (If Required)
In some cases, a judge will review your petition and may hold a hearing to determine whether to grant your request for expungement. During the hearing, you may need to present evidence of your rehabilitation and show that you meet the eligibility criteria.
If you have an attorney, they can help represent you at the hearing and present the best case for your expungement.
6. Wait for a Decision
After the hearing (if applicable), the judge will make a decision on your expungement petition. If the petition is granted, your criminal record will be cleared, and the offense(s) will no longer appear on public records.
Conclusion: Is Expungement Right for You?
Expungement can be a powerful tool for individuals looking to move on from past mistakes and build a better future. While not all offenses are eligible for expungement, many people can clear their records and improve their chances of finding employment, securing housing, and fully participating in society.
If you’re considering expungement, it’s a good idea to consult with an experienced criminal defense attorney who can guide you through the process and help ensure your best chance of success. Whether you’re looking to start fresh after a misdemeanor conviction or seeking to clear an old felony from your record, expungement can offer a second chance at a brighter future.