A criminal record is a report that contains any prior charges and convictions that a person may have received. When someone is said to “have a criminal record”, it usually means that they have been convicted of some sort of crime and the record of that crime can be found by conducting a public records search.
In general, the following items may appear on a person’s criminal record:
Having a criminal record can have a serious impact on a person’s life. It can prevent them from getting a job, renting an apartment, obtaining custody of their child, or taking other actions. Thus, many people will attempt to have their criminal record cleared.
A criminal record can be cleared in one of two ways: either by having the record sealed or getting the crimes expunged. The difference between the two is that the former closes off the record from public access, whereas the latter makes it seem as if the conviction or arrest never existed.
Each state has its own set of laws and requirements for determining whether a person’s criminal record will be eligible for clearance. As such, it follows that many of the specific procedures and rules involved will vary according to the state.
There are some factors, however, that will remain the same throughout most states, such as completing an assigned rehabilitation program or paying any mandatory fines, before a person is eligible to apply for clearance.
Additionally, there are also certain situational elements that a court may look at when analyzing whether a person is entitled to clearance like whether the person is a first time or repeat offender, or how much time has passed since they were convicted of the crime.
It is extremely important to keep in mind that not every crime can be cleared from a criminal record. In most cases, the more serious the offense, the less likely that it will be eligible for clearance.
Felonies (as opposed to misdemeanors) typically pose the greatest challenges to removal and usually can only be removed when they are considered a lesser felony offense. In general, the following felonies are normally not eligible for expungement:
Whether a criminal record can be cleared or not will largely depend on the laws of a particular state and the nature of the crime charged. As such, a crime that may be eligible for clearing from a record in one state may not be entitled to such a privilege in another.
Generally speaking, the steps to getting a criminal record cleared will include some of the following procedures:
It is important to note, however, that just because a court grants the request, it does not mean that the record will never come up again. There are some instances in which it may be necessary to disclose a criminal record even after it has been expunged, such as when graduate school applications request the information or if a government agency requires that it be reported.
Thus, always keep that fact in mind if your record has been cleared.
In general, sealing a record is not the same thing as having a criminal record cleared. When a record is only sealed, it means that the record is still in existence somewhere and can be accessed by people with certain credentials, such as parole officers or prosecutors. If these parties do not have immediate access to the records, then they can request access through a court order.
One advantage to having a record sealed is that it will no longer be available to the general public for viewing. Thus, people like employers will not be able to access the record through an ordinary public record search.
Another scenario where record sealing is useful is when a person is charged as a juvenile. Most states will seal a juvenile’s criminal files when they are eighteen, but they still will need to meet certain requirements (e.g., showed good behavior, committed no other crimes, etc.) in order to be eligible for having them sealed.
In contrast, having a criminal record cleared means that the record will be deleted in a way that is as if it never existed. The record will be wholly removed from public record searches and from public access. In other words, the person will legally be allowed to claim that they have not been convicted of the crime being cleared.
Again, while it will depend on the circumstances and the laws of a state, the types of crimes that can usually be expunged from a criminal record include nonviolent crimes (e.g., misdemeanors), some lesser felonies, when the defendant is a first-time offender, and if the defendant was wrongfully convicted.
One way to check whether a criminal record was actually cleared is to conduct a simple online search. Criminal records that have been expunged should not be showing up in a public records search. A person can also see if their record is still viewable on a court’s website or request a background check from a private company that does them (note that this may cost money).
As mentioned above, most states also adhere to the rule that a juvenile’s record can be sealed when they turn eighteen. However, not all states recognize this rule and having a record sealed (as opposed to expunged) means that the record still exists and is accessible by certain parties.
Again, while this might not mean that the record was fully cleared, having a juvenile record sealed is another way to limit its availability. Also, in the states that follow the rule, a person is likely to feel more certain that their record was sealed because it is the law in those areas.
Lastly, felonies and misdemeanors will usually remain on a criminal record until a person requests a removal from the court and the court grants it. However, some information might be harder to access over time, such as arrests from longer than 7 years ago and non-conviction charges.
There are also a handful of states (e.g., California, Colorado, Washington, etc.) that limit criminal record data if it is older than 7 years and does not involve any felony convictions.
While it is not necessary that you hire a lawyer in order to get your criminal record cleared, it may still be in your best interest to retain one.
A qualified expungement attorney can make sure that your record is eligible to be cleared, can help you fill out any required paperwork before filing, can answer any questions that you may have about the process, and will ensure that you are in compliance with all relevant local laws in your area.
It is also strongly recommended that you hire a local expungement attorney when your case involves a more complex criminal charge, such as a felony. Although you might be able to navigate the process for clearing an old misdemeanor on your own, felonies are much harder to get expunged from your record.
As such, if you are attempting to clear a serious misdemeanor or lesser felony from your criminal record, you may want a lawyer who has experience in these matters. They will know the proper laws that apply and will be able to conduct legal research to determine the best way for how defendants in your state can go about getting their records expunged.
Finally, depending on your situation, you may need a lawyer regardless to appear in court with you to resolve any related issues before your record can be cleared.
Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Ken holds a J.D. from Golden Gate University School of Law, and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law before the State Bar of California, and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts. Read More
Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Ken holds a J.D. from Golden Gate University School of Law, and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law before the State Bar of California, and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts.
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