How Record Expungement Works

Expungement is the sealing or destruction of legal records so they are not accessible to the public.  State laws vary widely with regard to how and what can be expunged.  Most states have laws requiring automatic expungement of juvenile records after a set period of years. Expungement of criminal records concerning a person’s detention, arrest, apprehension, or trail can be expunged.  In the eyes of the law, once a record has been expunged, it is as if the incident never occurred. 

Accessibility to Expunged Records

There are a few exceptions to that rule.  Expungement does not make records disappear from everyone.  In some states, records can be re-opened for good cause.  The federal government does not have to recognize the expungement and a person is still required to disclose details of the incident on applications for some professional licenses and government offices.

Petition for Expungement

Generally, a person must make a written request and go through a hearing process in order to get his records expunged.  It is a complex and expensive process.  It is wise to have legal representation in this process. Anyone who cannot afford an attorney can check with their local bar association for volunteer lawyers who might be able to help. 

When Charges are Dropped, Expungement Should Occur

Automatic expungement occurs if a charge is not filed.  A request for expungement can be made if there was no conviction with a sentence which carried possible prison time.  It is important before embarking on the expungement process to know whether a defendant qualifies for expungement.  If the defendant has any of the following circumstances, he is not eligible for expungement of records:

• If the crime was a felony
• If the defendant is on probation
• If the sentence for defendant’s crime was over one year
• If the defendant has not fulfilled all the conditions of probation including community service, fines, confinements, etc.
• If there is any pending criminal case

DUI/DWI Expungement

Most DUI/DWI consequences get significantly harsher with subsequent convictions.  For a DUI. DWI offense, it is possible in some states to have the record expunged, but the prior offense will still count toward any repeat offender penalties and consequences is another DUI. DWI is charged.

• If you need legal assistance with a Criminal Charge, click here for a Free Case Review with a Criminal Defense Lawyer near you. This website is for informational purposes only and should not be taken as legal advice.