What Can and Cannot Be Expunged From Your Criminal Record?
It's welcome news to many criminal defendants that they can have their record expunged. While expungement might not be perfect -- most law enforcement agencies will still be able to see your arrest history and any convictions -- it means potential employers will have a harder time seeing your mistakes.
But which mistakes are eligible for expungement, and which will remain on your permanent record?
For the most part, expungement eligibility is determined by the severity of the crime and the person's criminal record. State law can vary, but expungement is normally available for crimes committed as a juvenile and most misdemeanors, so long as you don't have an extensive criminal history.
Also, expungement is usually a one-time deal -- if you're convicted of crimes committed after expungement, those are likely to stay on your record.
Just because you've been arrested doesn't mean you're guilty. But a record of your arrest may pop up on a background check. Luckily most states will expunge an arrest record, especially if there was no conviction. And expungement can be part of a negotiated plea bargain.
Getting rid of that online mug shot, however, might be a tougher task.
If you've been convicted of a crime, whether you can clear your record will come down to state and local rules on expungement. Some states allow you to expunge a DUI conviction, some do not. This can come up especially if you're trying to expunge an out-of-state conviction. And some states are more likely to expunge a conviction after a certain amount of time has passed.
No matter where you live, however, felony convictions are very difficult, if not impossible, to get expunged. The main criteria for most expungement decisions is the severity and nature of the event for which expungement is sought. Felony convictions normally involve more serious crimes, making them harder to get off your record.
The expungement process can be complicated, and it certainly helps to have an experienced criminal law attorney on your side. If you have questions about your criminal record or want to have it expunged, contact one today.
- Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)
- The FindLaw Guide to Expungement (FindLaw PDF)
- Got Priors? How to Expunge Criminal Records (FindLaw Blotter)
- When Must You Disclose an Expungement? (FindLaw Blotter)
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