What is an expungement?
An expungement of record is a process by which the records of a criminal conviction are destroyed or sealed after a certain length of time. This includes records in files, on computer, or in any other depositories. Following an expungement, it is as if the criminal case never existed in so far as the defendant is concerned. When a case is expunged in Charleston County, the court’s computer records are modified so that all references to the defendant are removed from the record. Typically, an expunged case record will contain a reference such as “June 1998 Expungement” in place of the name of the defendant, and will contain no references to the defendant’s name, address, or any other personal information such as driver’s license number, age, etc. The case number is left on the system in order to provide an accounting of all case numbers, and so that caseload statistics can be properly gathered. (For example, the court would still need to know how many criminal cases of a certain nature
A. When a person is arrested, that person gets a criminal record. At a minimum, there is a record of an arrest. If the person is later convicted, then the person has a record of both an arrest and a conviction. These records follow the person over the years. Prospective employers can access these records. Insurance companies, landlords, and prospective creditors can too. To expunge a criminal record means to go through a court process. Upon successful completion of that process, persons doing a background check through New Jersey State Police or through the FBI will receive a response that there is “no record.” Additionally, after you expunge your criminal record, you are legally entitled to state that the arrest or conviction never happened.
An expungement is a procedure whereby records of a persons arrest and court records, in some cases including convictions, are either returned to the person or sealed so that the records cannot be accessed by the general public. Expungement involves a relatively simple and inexpensive court procedure. Forms are available in the Office of the Circuit Clerk in the county where the case was filed. Not every case can be expunged. The pre-printed forms may indicate which offenses are expungeable and which are not. If you are not sure about your case, consult an attorney. There are also time requirements involved. Charge(s) which have been dismissed on the states motion or which a defendant was acquitted at trial are expungeable immediately. Cases which are dismissed following a period of court supervision are expungeable either two or five years after the case was dismissed, provided the offense is not one which the legislature designated as not being expungeable. Under a new Illinois law, c
