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Expungement . . .
Will Expungement Work For Me?
My Criminal Record is Limiting My Future...
HAVE YOU EVER BEEN CONVICTED OF A CRIME? ___ No ___ Yes
If yes, explain number of conviction(s), nature of offense(s) leading to conviction(s), how recently such offense(s) was/were committed, sentence(s) imposed, and type(s) of rehabilitation.
HAVE YOU EVER BEEN CONVICTED OF A FELONY? [ ] Yes [ ] No
If yes, please describe circumstances:
Does it bother you to have to answer these types of questions? For some, answering this question
is crucial to their future. The reality of the answer to this question may decide your ability be become
gainfully employed. It could determine if you receive a professional license, affect holding a public office,
contract with some states, etc. Having a criminal record even for minor charges, can impact you greatly
concerning your employment, finances, and social life.
During our lifetime we may encounter incidents with the law that results in a criminal record.
 This may plague us for the rest of our lives. Maybe it happened when you were young and foolish or when you were just not thinking and made a mistake.
There are other times when it could have been deliberate, but now you have changed your ways and your
way of thinking. But what can we do about it now? There are many reasons for wanting a record expunged.
It may be because it’s an embarrassing spot on your personal history; or one may want to have their right to vote
reinstated; or have their right to possess a firearm restored; and in some cases an expungement may be required
to be eligible for certain employment. Whatever the reason, it may be a solution.
Expunge, means to ‘get rid of something completely'; ‘to delete or blot out something unwanted’. Expungement of a criminal record can mean 'to seal or destroy it', or 'return it to the subject of the record'. In general, expungement means ‘released from all penalties and disabilities resulting from the offense of which he or she has been convicted’ (there are some exceptions). This doesn’t mean that the record is erased; it means that the plea of “guilty” or “no contest” is being withdrawn and a plea of “not guilty” is being entered. If your case resulted in a trial, the guilty verdict is being set aside. In either case, the court is thereafter dismissing the charging document.
This is a court process that can be used to change your criminal record by removing certain items, depending on the situation. No two situations are the same for individuals and laws vary from state to state. It is very important to check with your state judiciaries, attorney generals, state police agencies or county offices to get your state-specific information. There are some states that do not allow records to be expunged. You may want to consider a lawyer to handle this process for you, although in most states you can do it yourself. The state or county agencies will give you all steps needed to complete the process and the fees associated with it. The process of expungement requires a motion asking the court that sentenced you to take a certain action. The motion will be served on the prosecutor and/or the probation department. You must convey and the court must agree that you have led an honest and upright life. The court must believe that the interest of justice would be served by granting your request for expungement.
 Several factors determine how a record will be expunged. It is taken into account whether you were convicted as an adult or juvenile and if the conviction was a felony or a misdemeanor. Your sentencing is also considered: Was the sentencing to a state prison or probation?
There is some disagreement regarding the interpretation of what the statutes actually mean. After expungement, how should one answer when confronted with the question, “Have you ever been convicted of a crime?” Some believe that because the statutes say that you are released from all penalties and disabilities, you can lawfully state that you have not been convicted of the crime asked for on a job application. Some interpret that answering ‘no’ would constitute lying on the application. This basically applies to private employers, (non-law enforcement). An exception to the statutes are stated ‘where disclosure is required’ in instances such as applying for public office, seeking a license from the state (doctor, lawyer, real estate, etc.) or establishing a contract with the State.
 A major problem has come to the surface and jeopardizes the benefit for expungement. In this day and age of computers and the internet, there is a flow of information, like prior convictions, which can easily be found. Also, some employers use private agencies that have access to law enforcement databases where the information can be seen. There have been cases where these agencies have databases that have not been updated, and therefore some case files have not been updated after expungement.
In most cases, expungements are not effective for certain crimes such as:
Sex Offender registration; although there are certain offenses where probation may be granted, it most likely requires a lifetime registration as a sex offender.
Crimes that are “priorable” meaning that if arrested for a similar crime in the future, the punishment may be enhanced.
Gun Ownership, an expungement may not restore gun ownership privileges.
Prior DUI convictions, for example, if the first DUI conviction is expunged and the person is arrested for a second DUI (within ten years), it will be prosecuted as a second-offense DUI, with and enhanced punishment and penalties.
 Another option that we will discuss later is Executive Clemency through the Governor.
In any case, if you are in need of an expungement, it is well worth looking into it. It could change your life dramatically. There are many articles and websites dedicated to expungement of criminal records. Click here for a state-specific chart taken from Findlaw.com which gives you a place to start.
Good Luck!
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