A criminal record is a history of a person’s criminal charges and convictions. Every time a person is convicted of a crime, the court records this in their file, which contains a record of all previous convictions.
Criminal records are typically public records and can be accessed through the court’s criminal law system or through a county recorder’s office.
Criminal records are usually checked whenever information about a person’s background is needed. People with criminal records are sometimes prohibited from participating in certain activities as a security precaution.
Checking criminal records may reveal:
Violent crimes or crimes involving minors can disqualify someone from a variety of activities and privileges.
Having a clear criminal record is important for most people. Clearing a criminal record can sometimes be possible for persons who request it. This process, also known as “expungement“, allows the person’s record to be cleared or sealed as if they never committed any crime. This is associated with various requirements, such as completing all sentences and paying fines, as well as a waiting period from the date of the last conviction (5-10 years usually).
A person’s criminal records are expunged when they are treated as if they no longer exist. The laws regarding expungement vary from state to state, but all states permit some form of expungement or record sealing for juvenile offenses.
Although the qualifications and requirements for expungement may vary from state to state, these are typically required:
Generally, the person applying for expungement must demonstrate that probation or other requirements have been met. The expungement application is usually only valid for one case (the one they seek to have expunged). An individual who wishes to expunge multiple records or charges must file separate applications.
A judge will review the petition once all the documents and forms have been submitted and determine whether the person is eligible for expungement. There are often additional procedures or processes for expungement in individual courts.
The expungement of juvenile criminal records is automatic in many states, but this varies. You should seek the advice of a qualified lawyer specializing in sealing juvenile records. An expungement can only be obtained by those who have maintained a clean criminal record in the intervening years. For juvenile expungements, individual courts may have their own procedures.
Crimes classified as misdemeanors are generally less serious crimes punishable by a sentence of less than a year in county jail (not a prison facility) or a fine. Most misdemeanors can be expunged from a person’s record.
Some commonly expunged misdemeanor convictions include:
A misdemeanor expungement can actually help to clear a person’s criminal record. It cannot reverse certain penalties, such as restoring gun ownership privileges or removing a person from a sex offender list.
The term felony refers to more serious crimes that are punishable by more than one year in prison (not a county jail facility) and higher criminal fines or fees. A felony charge is generally more difficult to expunge than a misdemeanor charge. Some states do not allow for the expungement of felonies; in some states, only certain felonies are eligible for expungement.
It is generally believed that the more serious the felony, the less likely it is to be expunged from a person’s record. Longer sentences and higher criminal fees are associated with more serious crimes.
Usually, less serious felonies like non-violent crimes (such as possession of drugs) are more likely to be eligible for expungement. Sexual crimes, such as rape or sexual assault, felonies involving victims younger than 18 years old, and other crimes of a similar nature cannot typically be expunged.
Last but not least, federal convictions for felonies cannot generally be expunged. Federal felony convictions may, in some cases, be pardoned (though this usually happens under very limited circumstances).
The term “expungement” is often used interchangeably with other similar terms, especially the term “record sealing.” Expungement differs from record sealing in a few important ways. A criminal record that is expunged is treated as if the charges never existed, and they are no longer associated with that person’s criminal history. Generally, the charges have been dropped from the court system.
The charges still exist when records are sealed; however, the public cannot access the records since they are closed to the public. In other words, even though these records technically exist in the system, employers cannot access them.
A sealed conviction can sometimes be used to increase the severity of a future sentence in some states. It is applicable in cases where the person’s record as a “repeat offender” may be relevant. Even if the records are technically sealed, this can still happen.
Eligibility for record sealing varies from state to state, but generally, the procedure is as follows:
People often file for expungements in the same court where they were prosecuted.
Expungement petitions are usually only valid for one case; if they want to expunge multiple records, they must file separate petitions. After reviewing the petition, the judge will determine their eligibility. Expungement and sealing of records are sometimes handled differently by individual courts.
It is important to keep in mind that:
It will depend largely on the laws of a particular state and the nature of the crime charged and whether a criminal record can be cleared. Thus, a crime that may be eligible for removal from a record in one state may not be eligible in another.
A criminal record can be cleared by following some of the following steps:
Criminal records are very important, especially regarding certain types of applications. You may wish to hire a qualified expungement lawyer in your area if you need legal advice. If you face any type of criminal record issue, your attorney can explain your options.
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