Expungement Generally

One can clean up a criminal record by expunging or sealing their criminal records. Expungement is the sealing of criminal records so that they may not be publicly available. It is basically the equivalent of erasing one's criminal record. One can petition the court to expunge their criminal record. Expungement may apply to convictions and arrests.

Who is Eligible for Expungement

Both adults and juveniles are eligible for expungement. Although the rules differ from state to state, one may be eligible to seek expungement of their criminal record if they were convicted of an offense. Often times in order to seek expungement, states require that the defendant be a first time offender.

Most states do not expunge criminal records involving sex offenses or traffic offenses.

Why Expunge Your Record?

The reason why one may want to expunge their criminal record is because it may affect their future employment opportunities or admission to an educational institution.

Juveniles and Expungement

Juveniles with criminal records often seek to expunge their records for future purposes. Whether the juvenile will be permitted to seek expungement of their offense varies from state to state. Many states allow the juvenile to expunge their criminal records if the offense committed was minor, and if the juvenile is not a continuous offender.

Expungement Procedures Generally

Generally, one would have to petition the court seeking to expunge their criminal record. Convictions and arrests do not just go away after a certain period of time. They stay on your record indefinitely. Usually one cannot seek to expunge their criminal record until at least one year after the conviction occurred and after their sentence has been completely served. However, if one is acquitted, they may seek to have their criminal record expunged immediately, if their offense qualifies under state law. Although one may have their criminal record expunged, their prior convictions may still be used for enhanced sentencing if the individual commits a subsequent offense after the expungement.

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