Understanding Record Expungement
Know what expungement does. Most criminal conviction records are available to anyone who wants to search for them. Expunging your record will alter your record, removing or diminishing many offenses.

1. The details about how the state manages your criminal record after expungement will depend on your state. Regardless of where you live though, expungement allows you to legally answer that you do not have a criminal record. This is important for employment or rental applications.

2. In some states like Michigan, the court removes records of the crime from public inspection.

3. In other states like California, you cannot erase a criminal record from public view. But, the disposition of the case will show that the court dismissed the case.

4. An expunged conviction will often remain on your criminal record for certain purposes. This includes *** offender registration and immigration.

Consider sealing your record. Expunging” a criminal record is different from “sealing” it. When a court “seals” a criminal record, it removes documents that are ordinarily being available for public inspection.

1. As a consequence of expungement, the proceedings related to the case will be treated as though they never occurred. The state may ultimately destroy records. A sealed record still exists, but will not viewable through ordinary means.

2. Both record sealing and expungement allow you to declare that you do not have a conviction.

3. The first step in getting a record sealed is to petition the law enforcement agency that arrested you, or the court. In California, for example, you must fill out a form and return it to the applicable law enforcement agency. If the law enforcement agency does not provide relief, you must petition the court.

4. In other states like Massachusetts, it is possible to seal your criminal record by mail. Or, you can petition the court directly.

5. The process of sealing a criminal record is different depending on the state. In most cases, a judge will make the decision at a hearing. To give yourself the best possible chance of getting the outcome you want, it's advisable to work with an attorney.

Consider seeking a pardon. Individuals who have been convicted of a crime may apply for a pardon. If granted, a pardon may restore certain rights such as the right to serve on a jury as well as the right to bear arms.

1. In some states like California, a pardon will relieve you of your duty to register as a *** offender.

2. Generally, applicants for pardons must complete probation or parole. A certain period of time must then pass without further criminal activity.



3. A pardon does not necessarily seal or expunge a criminal record. It does not allow a pardoned person to answer on employment applications that s/he has no record of a criminal conviction. A pardon is a gesture of forgiveness that restores certain rights. Pardons are becoming increasingly rare.

4. In some states like California, individuals with criminal records may apply for a direct pardon. You can get applications for direct pardons from their state governor’s office. In other states, like Arkansas, applications are available online.

Consider a certificate of innocence. A certificate of actual innocence goes further than a regular expungement. It proves that you were innocent, and that the conviction or arrest never should have happened in the first place. The requirements for obtaining a certificate of innocence will vary depending on your state.

1. If you are able to meet your states requirements, you can ask for this certificate. In some states, if you have already had your record expunged, you may not be eligible for a finding of factual innocence.

2. In states like California, you are eligible if you were arrested but the prosecutor never filed criminal charges. You might also be eligible if the court dismissed your case, or if a jury acquitted you.

3. In some states, to get a petition of factual innocence you must petition the law enforcement agency that arrested you. Usually this must occur within a specified period of time after the arrest. In California, for example, you must do so within two years after the arrest. If the law enforcement agency denies your request, you can then petition the court to grant your request.

4. In most cases, a judge will make the decision at a hearing. It is advisable to work with an attorney. You may consider contacting your public defender’s office. Depending on your specific case, some public defenders’ offices may be able to assist you.

Get a Certificate of Rehabilitation. In some states, you can get a Certificate of Rehabilitation to clear up your criminal record. This is a court order declaring that you have been rehabilitated.

1. A certificate of rehabilitation restores certain rights forfeited because of a criminal conviction. It can result in improved access to state occupational licensing programs. It may also relieve certain *** offenders from their duty to register.

2. In some states like California, a Certificate of Rehabilitation is an automatic application for a Governor’s Pardon.

3. In many states, to get a Certificate of Rehabilitation you must file a petition with the court. For example, in California you must submit letters of character and other documents as part of the petition.