Expungement Resources

Understanding the expungement process can be challenging, as laws and procedures vary significantly by state. We've compiled these resources to help you learn more about record clearing options and what to expect when working with an expungement attorney.

What is Expungement?

Expungement is a legal process that allows individuals to clear or seal their criminal records from public view. When a record is expunged, it is typically treated as if it never existed for most purposes, such as employment applications, housing applications, and other background checks.

However, it's important to note that expungement doesn't completely erase a record in all contexts. In many states, expunged records may still be visible to law enforcement agencies, and they may be considered in certain legal proceedings or for specific types of employment.

Types of Record Clearing

Different states use different terminology and offer various forms of relief for criminal records:

• Expungement: The complete removal or destruction of records
• Record Sealing: Records are hidden from public view but still exist
• Set Aside: Conviction is set aside but the record remains
• Dismissal: Case is dismissed after completion of probation or other requirements
• Certificate of Rehabilitation: Official document stating rehabilitation, but doesn't remove the record
• Pardon: Official forgiveness of a crime, typically granted by a governor or president
• Non-Disclosure Orders: Prohibit criminal justice agencies from disclosing certain records

General Eligibility Requirements

While eligibility requirements vary by state, some common factors that may determine whether you qualify for expungement include:

• The type and severity of the offense
• How much time has passed since the arrest or conviction
• Whether you've completed all terms of your sentence (including probation, fines, and restitution)
• Whether you have other criminal convictions
• Whether you're currently facing criminal charges
• The state where the conviction occurred

The Expungement Process

While the specific process varies by state, expungement typically involves these general steps:

1. Determine Eligibility: Review your criminal record and state laws to determine if you're eligible for expungement
2. Gather Documentation: Collect necessary court documents, identification, and other required paperwork
3. File a Petition: Submit a formal petition or application for expungement to the appropriate court
4. Pay Filing Fees: Pay any required fees (which vary by jurisdiction)
5. Attend a Hearing: In some cases, you may need to attend a court hearing
6. Receive a Decision: The judge will decide whether to grant the expungement
7. Follow Up: If granted, ensure that all relevant agencies update their records

Benefits of Expungement

Successfully clearing your record can provide numerous benefits:

• Improved employment opportunities
• Better housing options
• Access to educational programs and financial aid
• Restoration of certain civil rights (varies by state)
• Ability to honestly answer "no" to questions about criminal history on many applications
• Reduced stigma and improved peace of mind

Why Work with an Expungement Attorney

While it's possible to pursue expungement on your own in some jurisdictions, working with an experienced attorney offers several advantages:

• Expert assessment of your eligibility
• Knowledge of local court procedures and requirements
• Assistance with complex paperwork and documentation
• Representation at hearings
• Strategic advice on timing and approach
• Higher likelihood of success
• Guidance on alternative options if expungement isn't available

State-Specific Resources

For more detailed information about expungement laws in your state, we recommend:

• Consulting with a local expungement attorney
• Visiting your state's court website
• Contacting local legal aid organizations
• Reviewing the resources provided by the Clean Slate Initiative
• Checking with your state's bar association for referrals

Recent Trends in Expungement Law

In recent years, many states have expanded access to expungement and record clearing through:

• Clean Slate Laws: Automatic sealing of certain records after a waiting period
• Marijuana Expungement: Special provisions for clearing marijuana convictions in states that have legalized or decriminalized cannabis
• Expanded Eligibility: Including more offense types and reducing waiting periods
• Fee Waivers: Making the process more accessible to those with limited financial resources
• Simplified Procedures: Streamlining the application process

These changes reflect growing recognition of the barriers created by criminal records and the importance of second chances.