When individuals are convicted of criminal offenses, they may face a range of penalties, including incarceration, fines, probation, community service, restitution, and other forms of punishment. However, the weight of a criminal record can linger long after a person has completed their sentence or paid a fine. For many, a criminal record will not only serve as a lasting reminder of past mistakes, but it can also create significant barriers that may affect their everyday life. 

To address these issues, expungement may be available to some people. It may allow them to clear their criminal record. This can provide an opportunity to move forward without the restrictions that public records related to arrests and convictions can bring.

The Lasting Impact of a Criminal Record

A criminal record can influence nearly every aspect of a person’s life. Even a minor offense can appear on background checks, and it can have effects on employment, housing, and education opportunities.

Employment Barriers

Many employers conduct background checks as part of the hiring process. A criminal record can make it difficult for a person to obtain employment, especially in industries that require a high level of trust or involve working with vulnerable populations. Jobs in fields such as education, health care, financial services, and government may be particularly challenging to secure.

Even when an offense is unrelated to the job that a person would perform, some employers may view a criminal record as a sign of unreliability, or they may believe that the person would be a danger to the company, its customers, or other employees. Because of these perceptions, a person with a criminal record may have limited job prospects, or they may be limited to lower-paying positions.

Housing Challenges

Finding housing can also become difficult with a criminal record. Landlords frequently perform background checks on applicants, and a conviction on a person’s record can lead to rejections. People with criminal records may face reduced access to rental opportunities, particularly in desirable neighborhoods or housing programs that receive federal funding. In some cases, a person may be left with no option but to accept temporary or unstable living arrangements.

Educational and Financial Limitations

Higher education can present additional obstacles for people with criminal records. Certain schools may deny admission based on a criminal record, particularly if the offense involved violence or substance abuse. In addition, some forms of financial aid may be unavailable to people with certain types of criminal convictions, making it harder to afford tuition or related expenses.

These barriers can combine to make reintegration into society challenging for people who have completed criminal sentences. Expungement may help remove or lessen these obstacles by allowing a person to move forward without the shadow of a past conviction or other records related to arrests and criminal cases.

How Expungement Works

When seeking an expungement, a person will ask to have information about arrests or convictions removed from their criminal record, as if the event never occurred. When a record is expunged, it may be erased from public databases, and government offices will be instructed to destroy physical records. Following expungement, a person can lawfully state that they have not been convicted of the offense in question.

Records That May Be Eligible for Expungement

Eligibility for expungement depends on state law, the nature of the offense, and a person’s criminal history. While the types of records that may be expunged can vary from state to state, some common examples of records that may qualify for expungement include:

• Arrests Without Conviction: If charges were dropped, if a person was found not guilty, or if a case was resolved without a criminal conviction, expungement will typically be available to remove arrest records and other information related to a case from a person’s record.
• Misdemeanor Convictions: Many states allow for the expungement of certain misdemeanors after a waiting period, as long as a person has completed all sentence requirements and has not had any subsequent convictions.
• Juvenile Records: Juvenile offenses are often eligible for expungement once a person reaches adulthood.
• Nonviolent Felony Convictions: In some states, certain types of felonies may be expunged if specific conditions are met, such as avoiding any additional offenses during a waiting period.

Each state sets its own rules about which offenses can be expunged and how long a person must wait after they have completed their sentence before applying for expungement. Certain types of serious crimes, including violent felonies, sexual offenses, or DUI, are typically excluded from eligibility for expungement.

Record Sealing and How it Differs From Expungement

When expungement is not available, record sealing may provide an alternative. Sealing will not erase a criminal record entirely, but it will restrict public access to information about arrests or convictions. Once sealed, a record is generally not accessible to employers, landlords, or schools, but it will remain available to law enforcement and certain government agencies.

The main difference between sealing and expungement lies in accessibility. Expungement will remove the record from many systems, while sealing will prevent the record from being visible to the public. Both options can make it easier to obtain employment, housing, and education, but sealing may be the only available remedy for people with records that are not eligible for expungement.

The Expungement Application Process

The process of obtaining an expungement will depend on the laws and procedures in the state where the arrest or conviction took place. However, the process will usually include the following steps.

1. Determine Eligibility: A person must first verify whether their record qualifies for expungement. Factors such as the nature of the offense, the amount of time that has passed since the completion of a sentence, and prior criminal history may affect eligibility for expungement or sealing.
2. Obtain Required Documents: Certified copies of the criminal record, court judgments, and proof of sentence completion will usually be required.
3. File a Petition: The person must file a formal petition for expungement with the court where they were originally charged or convicted. They will also need to include supporting documentation and a detailed explanation of why they believe they should receive an expungement or have their record sealed.
4. Notify the Prosecutor or Relevant Agencies: Many states require that prosecutors or other government entities be notified and given the opportunity to respond or object.
5. Attend a Hearing: In some cases, a hearing may be held where a judge will review the petition and consider any objections. The hearing may provide the petitioner with the opportunity to explain why they believe expungement is justified.
6. Receive a Decision: If the court grants the expungement, orders will be issued to remove or restrict access to the criminal records in question. The person may then be able to answer “no” when asked about prior convictions on applications or background checks, depending on the jurisdiction’s rules.

Legal Help With Expungement

Expungement and record sealing may offer a second chance to people who have paid their debt to society and are looking for a fresh start. By reducing or eliminating the obstacles created by a criminal record, these legal remedies may make it possible for people to find employment or housing and pursue opportunities that may otherwise be closed to them. 

The process of applying for expungement or sealing can be complex, but a criminal defense attorney could provide guidance and assistance. They might be able to help prepare and submit an application and required documentation, and they could provide representation in hearings, presenting arguments for why expungement might be granted.

Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.