subject: Just What Is Criminal Record Expungement? [print this page] Expungement is a law which puts forward the idea of sealing previous criminal records. This proposal is generally requested by a first time offender over his or her criminal conviction, upon which the documents are stated to be "expunged". Once the files are sealed, they are not accessible through the Federal repository and might for that reason be difficult to access.
Are expunged documents the exact same as being pardoned?
A lot of individuals seem to mistake expungement from a pardon which is really two extremely different things. Expunged documents are essentially "erased" from the system while being pardoned simply means being forgiven for the criminal offense-- however the records are still within simple access. A pardon is often provided by a political leader-- maybe the mayor or even the president. Sealing of records on the other hand can only be done by judge after extensive processing.
Why expunge documents?
The sealing of information to stay clear of public accessibility is extremely common nowadays, particularly within the juvenile system. People who request this normally do so in order to clean up their records. This is due to the fact that existing documents that everyone can easily access might make it hard for people to pursue life objectives such as college or a specific career. By keeping the records secret, the slates are metaphorically wiped clean, enabling individuals to begin fresh.
Note that there are lots of requirements for records to be sealed. At the same time, there are crimes that in their very nature cannot be eliminated from public accessibility. These include criminal offenses such as rape, corruption of a minor, pornography including a minor, felonies, sexual battery and first degree misdemeanors where the victim is underage.
Exactly what are the requirements to seal records?
Each state actually operates on their own rules and laws following the closing of records. Prior to approval, petitioners have to first show some or all of the following:
Terms of the sentence have been satisfied completely The occurrence is over with no conviction placed The conviction is not considered too severe Waiting period between incident and the sealing of the file has lapsed. There are no pending proceedings. Petitioner underwent the necessary probation without any type of problems
Note that the expungement of files does not indicate that they are actually wiped out of the system. They are merely "concealed" from view and cannot be made use of for future trials unless otherwise called for by authorities.
