Application for Expungement

Applying for an Expungement in Your State

Each state has its own laws and procedures for expungement. Before you begin, double-check your local laws. Those with multiple criminal convictions in some states are not eligible for expungement. Before you can apply in any state, you must have been released from your sentence for a period of time, with no further criminal incidents. Be prepared for a lengthy and time-consuming process. Generally, expungement is not a quick or simple process.

Many people prefer to seek pardons rather than expungement. Pardons are an executive action that can remove any long-term consequences of a conviction. The application process for pardons also varies by state. Attempt to have your record expunged first if your state has a more generous expungement law. If your jurisdiction’s expungement law is stringent, you may wish to seek a pardon.

A criminal record can also be “sealed.” Sealing a criminal record is usually reserved for juveniles. Juvenile records are automatically sealed in some states. In other states, the juvenile must remain out of trouble for several years into adulthood before the record is sealed. Adult criminal records are not usually sealed.

If you want to get your criminal record expunged, keep in mind that it is possible. Check with the state where you were convicted to learn about the expungement laws. Be prepared for a lengthy process, but keep in mind that your criminal record can be expunged if you demonstrate sufficient rehabilitation.

Getting Your Criminal Record Expunged

Expungement of a criminal record essentially means that the record no longer exists. If you apply to have your criminal record expunged and are granted permission, your record will be treated as if it does not exist. There are some restrictions to receiving an expungement, depending on where you live and the laws in that state. It is, however, possible to have your criminal record expunged.

When Will Records Not Be Expunged

Some records will not be permanently erased. Some states, for example, keep separate registries for child abuse and sexual offenses. If you have sexual charges, it may be impossible to have your record expunged under state law.

If you apply for a government job or a job that requires government security clearance, the employer is likely to discover your entire criminal record, even if you believe it has been expunged. If you are applying for a government job, it is best to disclose your expunged conviction.

Why Get an Expungement

People seek expungement for a variety of reasons. Some people seek expungement because they are embarrassed. This is most likely the case if you made a single mistake and have a clean record aside from the one offense.

Some apply for expungement in order to vote or possess a firearm again; the restrictions that come with a felony can be extremely difficult to deal with. Expungement is always obtained after a thorough examination of the individual’s needs and level of rehabilitation. Expungements are handled on a state-by-state basis and are typically granted by the court where the conviction was obtained.

Expungment Laws by State