Expungement is Not Always an Option
It is important to remember that expungement of an arrest
and/or a criminal conviction is not an option in all states and counties
(called "jurisdictions"). Depending on the jurisdiction in which the arrest or
conviction occurred:
- Expungement
may not be available at all
- Expungement
may be an option for arrests, but not for convictions
- Expungement
may be an option only for certain criminal convictions
- Expungement
may be an option only for arrests and/or convictions that occurred while
the offender was a juvenile
- Expungement
may be available only after a person is acquitted (cleared) of an offense
(i.e. charges are dismissed)
- Expungement
may be possible only when a criminal conviction is reversed (i.e. after a
successful appeal of the conviction).
For example, Arizona
does not allow expungement of a criminal record. Records of crimes in Arizona will stay on the
offender's record until they reach age 99.
In New York,
expungement of an arrest record is available when the matter is resolved in
favor of the person who was arrested (i.e. charges were dismissed or the person
was acquitted at trial). But once a criminal conviction is entered (and
assuming that the conviction is not overturned), expungement of that criminal
conviction is not available in the state of New York.
