subject: Criminal Records [print this page] A criminal record is a very serious thing to have. It can affect chances at future employment, rental or leasing abilities, and a number of other professional or personal situations. However, there are some instances where a convicted criminal may be able to have their criminal record cleared.
In order to erase arrests and convictions from a record, an expungement must occur. This means that the individual will have a clean slate and the expunged details will never be disclosed or shared with anyone. Morally, it is like the conviction never existed, so the individual can honestly answer "no" if they are asked about ever being convicted of anything.
The purpose of an expungement is to allow the person to create a new, healthy life for themselves without the damages of the criminal record weighing them down. If they have truly shown remorse and personal growth since the conviction, they are more likely to get their record expunged.
Requirements for an expungement will vary from case to case, but generally it is easier to get an expungement for an arrest or misdemeanor than a felony conviction. Repeat offenders might have a difficult time getting their record erased since they have shown a history of multiple criminal infractions. Most expungements will occur only after the individual has fulfilled their sentencing, including jail time or probation.
If a convicted criminal is later found innocent of the crime, they can request a Certificate of Actual Innocence to prove that their criminal record is erroneous and should have never existed. This can also happen if someone is arrested for a crime but the charges are later dropped.
Certain types of crimes are easier to get expunged. Juvenile offenders who turn 18 without any further complications with the law can usually have their record expunged or sealed, meaning it will not be available for potential employers or landlords to find. Drug offenders who agree to participate in rehabilitation or diversion programs (and who did not commit any violent acts) might have an easier time requesting an expungement than a convicted murderer.
