Legal Definitions - erasure of record

The term erasure of record refers to the legal process by which a record, typically a criminal arrest or conviction, is sealed or destroyed. This action effectively removes the record from public access and, in many cases, from the view of most government agencies. It is often used interchangeably with or refers to the process of expungement of record. The primary purpose of an erasure or expungement is to allow an individual to move forward without the long-term negative consequences of past mistakes or events, such as difficulty finding employment, housing, or educational opportunities. This process is typically court-ordered and requires the individual to meet specific legal criteria, which vary by jurisdiction and the nature of the original record.

• Example 1: Juvenile Misdemeanor

  A 16-year-old was caught spray-painting graffiti on a public wall, a misdemeanor offense. After completing a community service program and attending counseling, the juvenile court ordered the erasure of record for this incident. This means that when the individual applies for college or a job years later, this youthful mistake will not appear on a standard background check, allowing them a fresh start without the stigma of a criminal record.

• Example 2: Old Minor Conviction

  Ten years ago, an adult was convicted of a minor public intoxication charge. Since then, they have maintained a clean record, held stable employment, and contributed positively to their community. They successfully petitioned the court for the erasure of record for this conviction. This action ensures that the old, isolated incident no longer appears on most criminal background checks, which could otherwise hinder their ability to obtain certain professional licenses or housing.

• Example 3: Arrest Without Charges

  An individual was arrested based on mistaken identity but was released within hours after the police realized their error, and no charges were ever filed. Despite no conviction, the arrest itself remained on their record. To prevent this erroneous arrest from appearing on future background checks for employment or housing, they successfully sought an order for the erasure of record. This legal action removed the arrest information, ensuring it would not be misinterpreted as a past criminal involvement.