What Is the Expunction of Criminal Records?
The expunction of a criminal record is the permanent removal of a criminal charge from your public record. Expunction is important because once a crime is off your record you can say you have never been charged or convicted of an offense.
Other People Are Reading
-
Significance
-
When a person is arrested, charged or convicted of a crime, that information becomes part of the public record. Generally, the record of an arrest and charge will remain even if you're found not guilty unless the case is dismissed or the charge is expunged.
Considerations: Step 1
-
Although requirements for expunction vary from state to state, you typically must petition the court or the sentencing judge to have your criminal record expunged. Before petitioning, you must go through a probationary period during which you avoid any new charges. You also must pay any restitution that was imposed.
-
Considerations: Step 2
-
After a successful probation period, file a formal request, or petition, to the court or the judge asking that your record be expunged, or sealed. You'll have to pay a filing fee as well.
Solutions
-
In reviewing a petition, the court or judge will make a determination that you either have been acquitted of the charge or, if convicted, that you have paid you debt to society. In the case of a favorable ruling, the court will direct the relevant authorities to expunge or seal your record. Or the court will tell you why your petition was denied. You may be able to file another petition later if you overcome the court's objections.
Warnings
-
Although expunction is often referred to as a permanent clearing of your record, in some states your crime is removed public view but still accessible to law enforcement officials, courts and attorneys. There is no chance of expunction in most states if you're convicted of serious, violent or sex-related crimes.
Interesting Fact
-
Expunction of a felony criminal record will reinstate your right to vote and apply for a passport.
-
