About one in every three U.S. adults,and about 100 million people, have a criminal record. This figure includes those who were arrested but not found guilty. Many people wish they had no criminal history. However, they still have not taken any steps to clear the record.
The possible explanation for their inaction is that they are unaware that expungement is an option. It is also possible that such persons feel their record will not cause them any issues or it will “fade off” after some time.
Meanwhile, the long-term effects of having a criminal record can make it difficult for someone to get a place to live, a job, or a professional license. The issues with having a criminal record can become worse if the criminal history includes multiple arrests for alcohol, drugs, or gambling addiction.
What Expungement Entails
A criminal conviction can negatively affect a person’s life even after they have served all of the terms of their sentence. Expungement involves removing all the evidence relating to a crime for which a person has been charged or found guilty. It could mean to “seal” or “hide” the criminal history from the general public. In any case, the goal is always to conceal the commission of any crime from public view.
Process of Expungement
The process of deleting a criminal record is under state law. Part of the procedure is that the defendant must file a court petition requesting the court to “clear” their criminal record.
The petition will include the nature of the charges the defendant faced, the justification for the expungement request, and the reasons for the court to grant the request. Along with the expungement request, a defendant will submit court documents and probably proof of rehabilitation.
The court will have to review the criminal case and the application. The charges may be expunged depending on the jurisdiction. In some jurisdictions, the court can only expunge minor offenses, misdemeanors, or juvenile offenses. Generally, the defendant must have completed all aspects of their sentence, including any required probation.
Effect of Expungement
If the court grants you an expungement, most government agencies will not be able to access the records related to your crime.
Benefits of Expungement
- Employment
Expunging a criminal record can help people avoid the employment obstacles many convicted people encounter. If you have an expunged record, most employers who conduct criminal background checks will not be able to see this information. However, if the employer is a federal government or law enforcement agency, this record of the applicant will be accessible.
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College
Many young people file requests to expunge their juvenile records, which they have because of a poor decision they made when they were younger. If the court grants the request, colleges will not be able to access a criminal record that may jeopardize the potential students’ chances of getting admission.
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Housing
Some landlords conduct background checks to prevent them from renting their properties to someone with a criminal record. That often prevents individuals with a criminal record from being able to rent a house and live in a good neighborhood. Expunging this record will make criminal history invisible to your potential landlord.
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Social Reasons
By entering some basic information about a person, one can check on the criminal convictions of others using a variety of free and inexpensive resources. “You can minimize the negative effect that the criminal record has on your friendships with families and community by having your criminal record expunged.” says attorney Chad Shelton.
