• Expungement is when a criminal record is "sealed" or removed from the books so that it's no longer available for the public to see
• There's usually a waiting period before a criminal record may be expunged, and you have to ask a court to do it
• In many cases, after a record is expunged, a background search by an employer, school, or government agency won't show a conviction or arrest
• A person convicted or arrested as a juvenile may be able to ask for expungement as soon as she's no longer a minor, which is usually when she turns 18 years old

Expungement (also known as expunction) involves the destruction or sealing of a criminal record after the expiration of a certain time period or when an arrest is unlawful or doesn't result in a conviction. It's a court process, and the result is that a person's criminal history is, for most purposes, erased. Depending on the laws in your area, your criminal record may be physically destroyed, or it may be sealed so that no one may see it without a court order.

Most states provide for expungement, but the laws vary from state to state. Expungement is often available for persons who were arrested of crimes but not convicted, and, in certain circumstances, for persons convicted of a juvenile crime, a misdemeanor, or a minor felony offense. Especially for convictions, most states require that the offense is a first-time offense and most states require a waiting period. And, in most states, some criminal convictions can't be expunged, such as murder or crimes requiring registration as a sexual offender. 

Why Expungement?

Expungement gives you several benefits. When seeking a job, housing or a professional license, an applicant whose criminal record is sealed or destroyed can, in some states, legally assert that he doesn't have a criminal history. Generally, if a record has been expunged, a background search by an employer, educational institution, or a government agency into your public records won't reveal a conviction or arrest. Expungement or sealing of a record is becoming increasingly important in the Internet-age, given the ease of access to public information.

Relief

Many factors will influence what type of relief is available through expungement, including whether the offender was a juvenile or adult, whether the conviction was for a misdemeanor or felony, and the seriousness of the offender's sentence.

In the laws of many states, expungement does not literally erase a criminal record and disclosure of the criminal conviction is required under certain circumstances. Moreover, the expungement may be used to enhance a sentence if the person is subsequently convicted of another crime.

Process

Under most circumstances, a person's arrest and conviction records will not be expunged automatically. Rather, you have to apply for expungement, follow the local or state procedural rules, and pay a fee. Often, if a person is convicted of a crime, there is a statutory waiting period before expungement will be allowed. However, if a person is acquitted (or found not guilty) of a criminal charge, most states grant that person the right to have the records sealed immediately.

Juvenile Records

Most states have special rules when it comes to expunging juvenile criminal records. They may vary depending on the state where you were arrested or convicted. Nevertheless, these special rules may require:

• A waiting period. You may need to wait several years, usually five years after your arrest or conviction, before the records can be sealed. However, once you reach the age of majority -  you're no longer a minor - you usually can ask for expungement immediately. The age of majority in many states is 18 years old
• A petition or some other paper filed with the court. In most states, juvenile records aren't expunged as soon as you turn 18. Rather, you need to file a petition with a court asking that your records be expunged
• Consent by the prosecutor's office. In some states, you have to get the prosecutor's consent or agreement to have your records expunged
• You to complete your sentence. Before expungement will be ordered, you may need to prove that you've served the sentence or punishment you may have received. This may include showing that you paid all fines ordered by the juvenile court, made restitution to the victim of your crime, and completed any probation

You need to read carefully the laws in the area where you were arrested or convicted to see when and how you can have your records expunged. If you have any questions, you should talk to an experienced criminal law attorney to make sure everything is done properly.

Questions for Your Attorney

• How much will cost and how long will it take to have my record expunged? Do I really need an attorney's help, after all, I only have to fill out a form, right?
• When I applied for a job, the employer ran a background check, and it showed that I have a conviction, but it's wrong. I've never been in trouble with law. Is this something I need to get expunged?
• Can I get a conviction expunged in our state? 

Related Resources on Lawyers.com^sm

- Access hundreds of Legal Forms that cover a range of personal and business legal needs
- Read Felonies, Misdemeanors, and Megan's Law and Sex Offender Registry, or access more Criminal Law articles and information
- Find a Criminal Law lawyer in your area, and read about Selecting a Lawyer
- Visit the Forums for discussions on Criminal Law topics