Expungement or “expunction” is a legal process that allows the legal record of a criminal conviction to be removed. In other words, it’s the act of erasing or putting aside a criminal conviction in the eyes of the law. This vital legal process can be life-changing if you have a past arrest or conviction record. Having a criminal record expunged can enable you to live more freely without worrying about past legal hardships hindering future opportunities.
Different jurisdictions handle the expungement of criminal records differently. While some simply prohibit disseminating or releasing records, others fully purge records and physically destroy the files. Additionally, some states offer legal protection that permits you to deny the existence of criminal records without fear of perjury.
Who Is Eligible for an Expungement?
Each state has a different list of crimes that are expungable. In certain states, only misdemeanors can be expunged, while other states will consider felonies for expungement with the exception of serious and violent crimes.
Generally speaking, to qualify for an expungement, you need to complete the terms of your sentence, including any probation, parole, or supervised release. Regardless of your jurisdiction, you must typically wait for a specified period after completing your sentence and garner no new arrests or convictions for the entire waiting period.
Expungement Timeline
Expungement timelines also vary by state. Minnesota, for example, allows expungement of felony convictions as long as you’ve completed your sentence and remain crime-free for a period of five years. However, some states give courts discretion in deciding whether or not to grant expungements. Judges have the leeway to consider factors like your behavior since your conviction, the seriousness of the crime, and any prior convictions. But in other states, courts are required to grant an expungement except in situations where there is an existing disqualifying factor, such as a new arrest.
Moving Toward Automatic Expungements
In recent years, many states have passed laws to simplify expungement and allow more people to seal their criminal records. For example, some laws reduce filing fees, expand the list of eligible crimes for expungement, and streamline the court or petition process. Pennsylvania became the first state to automate expungements in certain cases in 2018, eliminating the requirements of filing petitions and paying fees.
Utah and California also passed similar laws in 2019. However, not all criminal records can be automatically expunged in these states. Criminal records that qualify for automatic expungement include misdemeanors and infractions or arrest records where no charges were filed. Individuals might still need to file petitions with the court and pay fees for more serious criminal records.
Effects of Expunging or Sealing Criminal Records
The effect of an expungement also differs from state to state. The criminal record almost always remains accessible to courts and law enforcement. In some states, the record is sealed from public viewing, while in others, such as California, the record is still publicly available, but the conviction will indicate “dismissed.”
Generally, you don’t need to disclose your expunged conviction or arrest when applying for a job, housing, or professional licensing. But since employers can still get such information on the internet, you might want to consult an experienced attorney or employment specialist to get expert advice on whether or not to disclose your prior arrests or convictions in these situations.
Talk to an Attorney
If you have questions about the expungement process, it’s best to consult with a legal professional. Many states have expanded laws on expungement to limit the consequences of a conviction and prevent criminal records from following you forever. An attorney can help you navigate your state’s evolving expungement laws and figure out what relief you could be eligible for.