A division of
0
Cart
877-573-7273
A division of
A division of
The American Bar Association defines expungement as a process through which a person's record of a criminal conviction or arrest is modified, sealed or destroyed. Each of the individual 50 U.S. states maintains specific laws on expungement. Some of these statutes are more restrictive than others. In most states the term expungement is used, but some states refer to expungement as:
Expungement is governed by state law for cases that originated in the state systems. Federal law governs records generated in the federal system.
There are some general factors associated with expungement that are similar or the same no matter the specific jurisdiction. Before a person elects to move forward with seeking a criminal record expungement, that individual needs to have a general understanding of the expungement process, its benefits and costs.
A fundamental element of the expungement process, whenever it is available, is passage of time. In other words, before a person can pursue the expungement of a criminal record, a statutorily set amount of time must pass.
Many people presume that the time period involves a certain period from the date the crime at issue was committed. However, in some states the waiting period starts from sentencing or the completion of the sentence.
In most states a person cannot have been involved in any additional criminal activity since the time when the crime was committed for which expungement is sought. The type of crime that is subject to this element of the expungement process does vary from state to state. In some instances, something very minor might be overlooked, but that is not always the case.
Provided the time requirement is satisfied, the person seeking expungement files a motion with the court that convicted and sentenced that individual. Each state has different requirements for what must be contained in such a motion. Ideally, a person retains an attorney to provide representation in such a proceeding.
When an expungement is sought, the prosecutor who pursued the original charges must be notified. The court must be advised as to whether not the prosecuting attorney objects to the request for expungement of a criminal record.
A court can schedule a hearing to take evidence regarding the requested expungement. If the prosecuting attorney does not oppose the expungement request, the court may grant the request without a hearing.
Most states require that all elements of the sentence be complete prior to expungement, including the paying of fines and restitution.
The direct benefit of expungement is that the criminal record become less accessible or, in some states, totally destroyed and is treated as having never occurred. In many states expungement gives the right to say the offense and court case never occurred.
A number of significant indirect benefits accrue to a person who obtains the expungement of a criminal record. One of the primary benefits are found in areas of employment, education and housing.
In this day and age, a significant majority of businesses undertake criminal background checks of prospective employees, according to the U.S. Department of Labor. Criminal background checks have become both easy and inexpensive to undertake. Time and time again, even people with relatively minor crimes in their distant pasts find themselves unable to obtain gainful employment because of their criminal records.
The costs of expungement vary by state and by method. Naturally, the cost of hiring an attorney will be higher than the cost of trying to go it alone. The laws governing expungement vary in their complexity and most states do require a court hearing where the prosecuting attorney can object. Most people prefer to hire an experienced attorney when possible.
Although there certainly will be a costs attached to engaging the services of a lawyer with the required experience in the arena of expungement law, the alternative is actually more costly. Because an attorney greatly enhances the prospects of a person prevailing in an expungement proceeding, in the final analysis, legal costs become a worthwhile investment in a person's future. This specifically is the case when it come to pursuing gainful employment.
The starting point for a person considering the expungement of a criminal record is what is known as an initial consultation with an experienced attorney. Through this consultation, a lawyer will be able to generally evaluate an individual's particular situation in regard to obtaining the expungement of a criminal record. If you would like to find out if you are eligible to have your record cleared without paying an attorney a consultation fee, you can take this free online expungement eligibility test.
To learn more about expungement laws specific to your state, choose your state from our state selection page.
