Expungement Can Wipe the Slate Clean
By Ador Talukdar
Expungement is actually a legal civil action in which the first time offender seeks that all the records of the prior conviction process be sealed and or destroyed. Each jurisdiction has its own definition or interpretation of expungement and actual records may still be available to law officials. Each state sets it own criteria for what can be expunged and there are some requirements that must be met in order for the record to be expunged. In some states there are no laws that deal directly with expungement, and it may be easier to obtain records relief.
The procedure may be available for persons who were arrested for crimes but were not convicted, and, in certain circumstances, for persons convicted misdemeanours or minor offences. Most states require that the offence should be is a first-time offence and a waiting period pass before examining the expunging process.
Although a record may be expunged, there may be situations in which any contact with criminal justice system must be disclosed, and to not do so will be considered grounds for prosecution. In limited circumstances, during an interview or on a job application, an applicant whose record has been expunged may respond "no" when asked, whether he or she has ever been arrested or convicted of a crime. It is entirely possible to have DUI convictions expunged.
It is advisable that anyone who is considering expungement to contact a lawyer who is knowledgeable in state laws, because the expungement process may not be available but there may be other types of relief that may be applicable and care must be exercised when contracting the services of a lawyer. The fact is that the expungement process is just a "process." and the process may not even be available in the particular state.
Not everyone can qualify for expungement of records, as qualification may often depend on multiple factors and expunging of the records may only be granted after all criteria have been met. For some convictions and in some states expungement for some convictions such as marijuana possessions are automatic after two years.
DWI expungement refers to a process where the conviction for DWI conviction is set aside, a not guilty judgement is entered, and the complaint is dismissed. The Penal Code Section 1203.4 that authorizes this DUI expungement relief, explicitly states that the individual is, thereafter, relieved of all disabilities flowing from the former DUI / DWI conviction.
When a DUI conviction is expunged, it means not having to disclose it on a job application. DUI / DWI Expunging DWI convictions can be the initial step to a certificate of rehabilitation or pardon, adding peace of mind with the knowledge that any background check can be passed. The process is not perfect, however as the expunged conviction may be recalled in later prosecutions for subsequent drunk-driving offenses.
Given that background checks can now easily be conducted by almost anyone, including prospective employers, and educational institutions, with a expunged DUI record, your conviction and arrest record will not appear on their report, if you are applying for college and the educational institution conducts a background. If a company runs a public records check or an investigation on you, they will not find your DUI.
Expungement can take many forms and the relief available depends on the type of conviction, the type of sentence received, the age of the offender, and whether a claim for factual innocence is at all even possible. When properly executed, the procedure can eliminate remove hurdles to gainful employment, professional licenses, and bring closure and emotional relief.
The Expungement process allows previous conviction to be cleared from your record. Expungement is not universal and is directed and handled at the state level.
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Below you will find state information on records and expungement from sources such as state judiciaries, attorneys general, state police agencies.
| Alabama | Computerized Criminal History System (Alabama Criminal Justice Information Center) |
| Alaska | Criminal Records FAQs (Alaska Department of Public Safety) Request to Seal Criminal Justice Information [PDF file} (Alaska Department of Public Safety) |
| Arizona | Criminal History Records (State of Arizona - Department of Public Safety) Criminal History FAQs (State of Arizona - Department of Public Safety) |
| Arkansas | Criminal Background Check (Arkansas State Police) |
| California | Clean Up Your Criminal Record (California Courts Self-Help Center) Petition and Order for Expungement [PDF file] (California Courts Self-Help Center) |
| Colorado | Forms: Sealing of Criminal Records (Colorado Judicial Branch) |
| Connecticut | Connecticut Law About Criminal Records (Connecticut Judicial Branch) Erasure of Criminal Records (CT Statute) (Connecticut General Statutes) |
| Delaware | Expungement of Criminal Records (Delaware Code) |
| District of Columbia | Sealing and Expungement of Records (Public Defender Service for the District of Columbia) Criminal Record Sealing Act of 2006 [PDF file] |
| Florida | Seal and Expunge Process (Florida Department of Law Enforcement) Obtaining Criminal History Information (Florida Department of Law Enforcement) |
| Georgia | Obtaining Criminal History Record Information (Georgia Bureau of Investigation) |
| Hawaii | Expungements (Hawaii Attorney General) |
| Idaho | Criminal History Information (Idaho State Police) |
| Illinois | Expungement Information (Office of the State Appellate Defender ) Expungement: General Guidelines [PDF file] (Illinois Attorney General) |
| Indiana | Limited Criminal History Search (Indiana State Police) |
| Iowa | Criminal History Records (Iowa Department of Public Safety) |
| Kansas | Criminal History Record Check (Kansas Bureau of Investigation) Frequent Questions: Criminal History (Kansas Bureau of Investigation) |
| Kentucky | Petition/Motion for Expungement [PDF file] (Commonwealth of Kentucky Court of Justice) Background Check Forms (Kentucky State Police) |
| Louisiana | Bureau of Criminal Identification and Information (Louisiana State Police) |
| Maine | Criminal History Records Requests (Maine Courts) |
| Maryland | Expungement (District Court of Maryland) |
| Massachusetts | Requests to Seal Files (General Laws of Massachusetts Ch. 276:100A) Sealing, Expungements, and Pardons (Massachusetts Trial Court Law Libraries) Criminal Records FAQs |
| Michigan | Getting an Adult Criminal Conviction Removed (Michigan Courts) Application to Set Aside Conviction [PDF file] (Michigan Courts) |
| Minnesota | What is Criminal Expungement? (Minnesota Judicial Branch) Forms: Expungement of a Criminal Record (Minnesota Judicial Branch) |
| Mississippi | Expunction (MS Statute) |
| Missouri | Petition for Expungement of Arrest Records [PDF file] (Missouri Courts) |
| Montana | Background Checks (Montana Department of Justice) |
| Nebraska | How to find criminal history reports in Nebraska |
| Nevada | Sealing Records After Conviction, etc. (Nevada Revised Statutes) Sealing Nevada Criminal History Records [PDF file] (State of Nevada) |
| New Hampshire | Criminal Records FAQs (New Hampshire Department of Safety) |
| New Jersey | How to Expunge Your Criminal Record [PDF file] (New Jersey Judiciary) |
| New Mexico | New Mexico State Central Repository for Criminal History (New Mexico Department of Public Safety) |
| New York | Personal Criminal History Record Review Program (New York State Division of Criminal Justice Services) |
| North Carolina | North Carolina Offender Information (North Carolina Department of Correction) |
| North Dakota | Criminal History Record Information (North Dakota Attorney General) |
| Ohio | Criminal Justice Information System (Ohio Office of Criminal Justice Services) |
| Oklahoma | Expungement Questions (Oklahoma State Bureau of Investigation) Criminal History FAQs (Oklahoma State Bureau of Investigation) |
| Oregon | How Do I Clear My Juvenile or Criminal Record? (Oregon Courts) Clearing Your Record (Oregon State Bar ) |
| Pennsylvania | Pennsylvania Access to Criminal History (State of Pennsylvania) |
| Rhode Island | Expungement Information (Judiciary of Rhode Island) |
| South Carolina | State Criminal Records Check (State of South Carolina) |
| South Dakota | Computerized Criminal History System (South Dakota Division of Criminal Investigation) |
| Tennessee | Order for the Expungement of Criminal Offender Record [PDF file] (Tennessee Supreme Court) |
| Texas | Crime Records Service (Texas Department of Public Safety) |
| Utah | Expunging a Record (Utah Courts) |
| Vermont | Expungement-Sealing-Pardon Information (Vermont Criminal Information Center) |
| Virginia | Instructions for Petition for Expungement [PDF file] (Virginia Courts) |
| Washington | Criminal History Records (Washington State Patrol) |
| West Virginia | Expungement of certain criminal convictions; procedures; effect (WV Statute) Expungement of criminal record upon full and unconditional pardon (WV Statute) Petition for Expungement of Criminal Records [PDF file] |
| Wisconsin | Pardons, Etc.[includes links to expungement information] (Wisconsin State Law Library) |
| Wyoming | Criminal History Checks (Wyoming Attorney General) |
