Expungement Basics
Expungement (also called "expunction") is a court-ordered process
in which the legal record of an arrest or a criminal conviction is
"sealed," or erased in the eyes of the law. When a conviction is
expunged, the process may also be referred to as "setting aside a criminal
conviction." The availability of expungement, and the procedure for getting an
arrest or conviction expunged, will vary according to the state or county in
which the arrest or conviction occurred.
Legal Effect of an Expungement
An expungement ordinarily means that an arrest or conviction
is "sealed," or erased from a person's criminal record for most purposes. After
the expungement process is complete, an arrest or a criminal conviction
ordinarily does not need to be disclosed by the person who was arrested or
convicted. For example, when filling out an application for a job or apartment,
an applicant whose arrest or conviction has been expunged does not need to
disclose that arrest or conviction.
In most cases, no record of an expunged arrest or conviction
will appear if a potential employer, educational institution, or other company conducts
a public records inspection or background search of an individual's criminal
record.
An expunged arrest or conviction is not necessarily
completely erased, in the literal sense of the word. An expungement will
ordinarily be an accessible part of a person's criminal record, viewable by
certain government agencies, including law enforcement and the criminal courts.
This limited accessibility is sometimes referred to as a criminal record being
"under seal." In some legal proceedings, such as during sentencing for any crimes
committed after an expungement, or in immigration / deportation proceedings, an
expunged conviction that is "under seal" may still be considered as proof of a
prior conviction.
