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What is expungement?

April 26, 2017expungement

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What is expungement?

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Expungement is a process in which you have records pertaining to criminal charges and/or a criminal case against you sealed and made unavailable to the public. Expungement also removes police and court records from public inspection.

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Expungement refers to the sealing or destroying of criminal records. Each state offers its own definition of expungement, based on different rules and laws. Generally, expungement can be viewed as the process to “remove from general review” the records pertaining to a case. But the records may not completely “disappear” and may still be available to law enforcement.

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A person is entitled to have the records relating to their felony or misdemeanor arrest, indictment and/or conviction expunged if the person has been acquitted through a trial, pardoned by the Governor, or the indictment has been quashed or dismissed. (Those who received deferred adjudication are not eligible for expungement of the charges but may be eligible for an order of nondisclosure). If the court finds that expungement is required, then all the records pertaining to the arrest, indictment, and/or conviction will be destroyed. This process can be extremely attractive to persons facing non-legal impediments due to the arrest, indictment and/or conviction such as employment or financial difficulties.