Expungement and Sealing of Criminal Records: A Path to a Fresh Start

In the United States, over 70 million Americans, or nearly 1 in 3 adults, have a criminal record¹. Also, more than 30 million U.S. children, or nearly 1 in 2 kids, have at least one parent with a criminal record¹. Having a criminal record can make it hard to get a job, go to school, find a place to live, vote, and get public help. But, there’s hope to clear your record and start fresh. Some criminal records can be erased or sealed by a judge or court, helping you take back control of your life¹.

Getting your record expunged or sealed can be hard and expensive, stopping many from trying. But, with the right help and tools, you can go through the process and open new doors for yourself¹².,

Key Takeaways

Expungement and sealing of criminal records can open doors to employment, education, and housing opportunities.
The process can be complex and costly, but legal aid organizations can provide support.
Pennsylvania has recently expanded record-sealing eligibility with the Clean Slate 3.0 law.
Automatic sealing of certain convictions is now possible after a specified waiting period.
Pardons from the governor can erase a criminal record altogether, but the timeline can be lengthy.

Understanding Criminal Records and Their Impact

A criminal record is a detailed document kept by the criminal justice system. It lists a person’s arrests and convictions. Even minor convictions from years ago can be included, affecting someone who is legally innocent³.

What is a Criminal Record?

A criminal record is a file that lists a person’s legal issues with the police. It includes arrests, charges, and convictions. This record stays with a person for life, even if charges were dropped or they were found not guilty³.

Barriers Posed by Having a Criminal Record

Having a criminal record can make it hard to get a job, rent a place, or go to college³. Almost all employers, most landlords, and many colleges check your criminal history³. Over 45,000 laws and rules make it hard for people with a criminal record to get ahead³.

This record affects more than just jobs and homes. It can also impact education, money opportunities, and social standing³. People of color face more arrests and convictions than whites³.

The effects of a criminal record can last a long time, making it hard for people to move on with their lives³. We need to address this to support social justice, economic growth, and help those with a criminal past³.

“Over 70 million Americans, nearly 1 in 3 adults, have a criminal record. More than 30 million U.S. children, almost 1 in 2 kids, have at least one parent with a criminal record.”³

Many Americans have criminal records, showing we need solutions to help them. Expungement and sealing records can give people a second chance. But, understanding the legal process and rules is key⁴³⁵.

The Difference Between Expungement and Sealing

Expungement and sealing criminal records are often confused with each other. But it’s key to know the differences to clear your record and move on with your life⁶.

Expungement removes arrests and convictions from your criminal record, like they never happened⁶. The arresting agency, prosecution, and probation officer’s files get destroyed, except for a state copy that’s not public⁶. Sealing a case means taping up all files but they’re not destroyed⁶.

To get your record expunged, you must have no prior convictions and the charges must be dismissed⁶. Sealing is possible even if you pleaded guilty or were found guilty at trial, as long as adjudication was withheld⁶.

Sealing or expunging your record can greatly improve your life, making it easier to get a job and manage your reputation⁶⁷.

In New Jersey, expunging a record makes it invisible to the public, removing the need to disclose past arrests or convictions⁷. Sealing a record hides it from the public, making background checks easier for jobs and rentals⁷.

Expungement is usually better than sealing because it completely removes the record. But some crimes can only be sealed, not expunged, based on state laws⁸. If you were found not guilty or had a dismissed charge, you might clear your record through sealing or expungement⁸.

Choosing between expungement and sealing depends on your situation and your state’s laws. Always talk to a lawyer to find the best option for you and get a good result⁶⁷⁸.

expungement, sealing records, criminal record

Understanding how to expunge or seal criminal records can seem tough, but knowing what you need is key to a fresh start⁹. It usually takes 12 weeks to check if you can expunge or seal your records after you apply⁹. There are different types of relief, like expungement and sealing, each with its own rules⁹.

For those who went through a juvenile diversion program, you might be able to get your records expunged⁹. Records kept by FDLE can be automatically expunged at age 21 or 26 if certain conditions are met⁹. If you’re between 18 and 21, you can also apply to have your juvenile records expunged under certain conditions⁹.

Lawful Self-Defense Expungement lets people get a Certificate of Eligibility if they acted in self-defense and charges were dropped⁹. Victims of human trafficking can also get their criminal records expunged if it was part of the trafficking⁹. Automatic Sealing happens when FDLE seals a record without needing a court order⁹.

FDLE doesn’t speed up the process for sealing or expunging records⁹. Whether you can expunge or seal your records depends on your situation, so it’s smart to talk to a lawyer or check state rules⁹.

In Illinois, the Access to Justice Commission started in 2012 to help people get to court, especially the poor and those in need¹⁰. The Illinois Supreme Court Commission focuses on making sure everyone can get to justice, especially in civil courts¹⁰. Illinois has rules for sealing and expunging adult records that all courts must follow¹⁰.

Illinois users should use Adobe Acrobat or Adobe Reader XI or higher to save forms, and they should use certain web browsers¹⁰. When filing online, make sure to flatten the form to keep it from changing after you fill it out¹⁰. Illinois Legal Aid Online has a tool to help people fill out forms for sealing and expunging criminal records¹⁰. The law for this in Illinois is called 20 ILCS 2630¹⁰.

In Massachusetts, you need to file a petition with the Office of the Commissioner of Probation to seal a criminal record¹¹. You can file for records that were dismissed or had a nolle prosequi¹¹. The court looks at many things before deciding to seal a record, like if you’ve changed for the better, how long it’s been since the crime, and the details of the case¹¹.

In Massachusetts, you can file for multiple records at once in the Boston Municipal Court¹¹. It’s a good idea, but not a must, to include your criminal record and other documents with your petition¹¹. There’s no fee to ask to seal a criminal record in Massachusetts¹¹.

“The path to a fresh start begins with understanding the eligibility requirements for expungement and sealing of criminal records. By navigating the process carefully, individuals can take the necessary steps to regain control over their lives and move forward with new opportunities.”

Navigating the Expungement and Sealing Process

Step-by-Step Guide

Expunging or sealing a criminal record can seem tough, but it’s a chance for a new beginning¹². First, you need to file a petition in the court where your case was heard. The judge will check if you qualify for expungement or sealing based on the laws.

If you get approval, you must give copies of the order to law enforcement¹². This makes sure your record is hidden from the public. It also helps you in getting past the hurdles of a criminal record, like finding a job in some fields¹².

Expungement and sealing rules change from state to state¹³. In New York, some arrests or convictions can be sealed automatically, like for marijuana possession¹². People who were victims of human trafficking might also get their records cleared under certain laws¹².

In places like Maryland, getting your record expunged or sealed is harder¹³. You should talk to a skilled lawyer to understand the rules and boost your chances of success¹³.

It’s key to keep all important papers in order during the process¹⁴. Spodek Law Group has helped many clients clear their records with great success¹⁴. Their team’s skill, commitment, and positive feedback show they can help you too¹⁴.

For those looking for a fresh start, clearing your criminal record is a big step¹². Knowing the steps and getting help from experts can make it easier. You can take back control of your life¹²¹³¹⁴.

Conclusion

Having a criminal record can make it hard to get a job, go to school, find a place to live, and more. But, expungement and sealing can help you start fresh¹⁵. These processes have rules, but many states are making them easier and giving more people a chance¹⁵¹⁶¹⁷.

By going through expungement and sealing, people with criminal records can beat these hurdles and get back to where they should be¹⁷. This helps with finding a job and can make life better overall¹⁷.

In the end, being able to clear or seal a criminal record is a big help for those looking for a second chance. It doesn’t matter if you’re in Ohio, Mississippi, or somewhere else. Knowing the differences between expungement and sealing, and what you need to qualify, is key¹⁵¹⁷. By doing what you need to do, you can get past the problems a criminal record brings and open up new doors.

FAQ

What is a criminal record?

A criminal record lists a person’s arrests and convictions. It’s kept by the criminal justice system. It includes even minor convictions from years ago and arrests without a conviction.

How do criminal records impact a person’s life?

Criminal records can limit many areas of life. They affect job, education, housing, civic rights, and public aid. Most employers, landlords, and colleges check for criminal records.

What is the difference between expungement and sealing?

Expungement clears a criminal record as if nothing happened. Sealing hides the record from public view but it can still be seen with a court order.

What are the eligibility criteria for expungement and sealing?

To get a record expunged, you must wait a certain time after the case ended. You can’t have any new crimes, and your past must be clean. You must also finish all court orders.

How do I go about getting my criminal record expunged or sealed?

To expunge or seal a record, you file a petition in the original court. A judge will check your case and decide if you qualify.

What are the benefits of having a criminal record expunged or sealed?

Expungement and sealing help remove barriers to jobs, school, homes, and more. They give people a second chance, helping them move past past mistakes.