{"id":352415,"date":"2023-10-04T10:49:12","date_gmt":"2023-10-04T15:49:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/expungement\/expungement-is-not-always-an-option.html"},"modified":"2023-10-04T10:49:12","modified_gmt":"2023-10-04T15:49:12","slug":"expungement-is-not-always-an-option","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/expungement\/expungement-is-not-always-an-option.html","title":{"rendered":"When Is Expungement Not an Option?"},"content":{"rendered":"\n
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When Is Expungement Not an Option?<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Meagan Neil, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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The expungement process is complex and time-consuming. Usually, you must wait a certain number of years before you can attempt to have a criminal case expunged from your criminal history. You must submit paperwork to several criminal justice agencies and law enforcement agencies.<\/p>\n\n <\/div>\n\n

Expungement (also called expunction) is the process by which an individual can clear a prior conviction from their criminal record. It is important to remember, however, that you don’t always have the option of expunging an arrest or a criminal conviction<\/a>. Some states do not offer this tool.<\/p>\r\n

Remember, if the judge or jury acquits you of criminal charges, it will not appear as a conviction on your criminal history. Therefore, you likely will not need to file for a record expungement. The court records will, however, show that police arrested you for the alleged crime.<\/p>\r\n

Your criminal defense lawyer can make sure that you file the necessary paperwork and pay the required filing fees if you need to get an arrest record removed from your criminal history.<\/p>\r\n

What Is an Expungement?<\/h2>\r\n

If you are convicted of a criminal offense, it can affect your life in various ways. You may lose a job opportunity if a criminal case appears on your criminal record. It is difficult to secure certain professional licenses if you have conviction records. You may also lose certain civil rights, such as voting or serving on a jury. An expungement is a tool that allows you to erase certain misdemeanor and felony convictions.<\/p>\r\n

Once the court receives your application, it will inform you whether your criminal conviction is eligible for expunction. If it is, the judge will issue a court order commanding the court clerk to remove or seal the record in question. Given the complex nature of this legal process, it’s a good idea to contact a criminal defense lawyer<\/a> for help. Any legal advice they provide should make the process less intimidating.<\/p>\r\n

What’s the Difference Between an Expunged Record and a Sealed Record?<\/h2>\r\n

Many states refer to the process of removing a criminal record as an expungement. Other states do not allow expunctions at all. Instead, they may agree to seal the case so that it is no longer considered a public record. Once the court seals your criminal record, only law enforcement and criminal justice agencies can see your arrest or conviction.<\/p>\r\n

In states that don’t allow expunction, you may still be able to remove your criminal history from public view. A sealed record is not visible to potential employers. Nor will these records appear on an ordinary background check. Instead, a judge must issue a court order permitting a third party to see expunged and sealed records<\/a>.<\/p>\r\n

Certain Crimes Are More Difficult to Get Expunged<\/h2>\r\n

As you may imagine, certain crimes are more likely to be eligible for expungement. For example, juvenile records are much easier to expunge than convictions you receive as an adult. It’s also a lot easier to get misdemeanors removed from your criminal history record than felonies.<\/p>\r\n

Completing a diversion program<\/a> will make it easier to obtain an expungement. For example, if you shoplift and get arrested, the court may order diversion instead of a jail or prison sentence. As long as you complete the terms of your diversion program, the record will only appear as an arrest \u2014 not a conviction.<\/p>\r\n

If the judge or jury convicts you of a felony, it will be a lot harder \u2014 maybe even impossible \u2014 to get the conviction removed from your criminal record. In fact, you should consider retaining a criminal law attorney to help file your expungement request.<\/p>\r\n

Some of the crimes that are difficult or impossible to get expunged from your criminal history record include:<\/p>\r\n