What Does Expunging a Record Mean?

What Does Expunging a Record Mean?

In some cases, the actual sentence in a criminal conviction is relatively minor. A fine, a short term on probation and it is over, but what happens after the conviction can be life altering. More and more employers, landlords and others are turning to public records to discover if a potential employee or tenant has any criminal convictions and if so, declining to move forward with that person. To expunge a record means that it is removed from all publicly accessible databases. The initial charge, the court proceedings and the final outcome are forever gone as if they never happened. Once a record is expunged, you have the legal right to say you have never been convicted of that crime. Many misdemeanor and a few felonies are often eligible for being expunged once the sentence has been completed. While expunging a record does prevent the public from seeing it, some government agencies such as law enforcement and Homeland Security still have access to it. The conviction can never be used against you for sentence enhancement purposes or brought up to a judge or jury. Though a record cannot be expunged until the sentence is completed, it should be discussed during the plea deal portion of the case. If the conviction is eligible to be expunged, the judge will usually note it in the order as an incentive for the offender to complete the terms of the deal so it can be done. Many states require that the offender not get into any further legal trouble between being sentenced and having the record expunged. If the offender does get convicted of a new crime within that time, the ability to expunge the earlier conviction is typically removed. Final thoughts: If your judge sets your sentence up to include an expunge clause, make sure you comply with all of the court’s terms so that it can be done. Related: You need to know the information of a criminal arrest record