Simple English definitions for legal terms
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Expunge: When you expunge something, you get rid of it completely. This is often used to talk about getting rid of criminal records. In some places, people can ask to have their criminal records expunged, which means that the records are destroyed or erased. However, not all crimes can be expunged, and there are rules about which records can be erased. Sometimes, the process of getting an expungement involves asking a court to help.
Definition: To expunge means to destroy, erase, or remove records or information from files, computers, and other storage systems.
One common example of expungement is the removal of criminal records. In many states, individuals can request to have their criminal records expunged, depending on the laws in their jurisdiction. This means that the records will be destroyed or erased, and in some cases, the person can deny that they were ever arrested for the crime.
However, there are restrictions on which crimes can be expunged. For example, serious offenses like murder, rape, terrorism, and assault with a deadly weapon resulting in serious injury cannot be expunged. On the other hand, juvenile charges, dropped charges, dismissed charges, and low-level misdemeanors are more likely to be expunged.
The process of getting an expungement usually involves filing a petition with the court that handled the case and paying a fee. In some cases, criminal records are automatically expunged once a juvenile reaches a certain age.
Example: John was arrested for shoplifting when he was 18 years old. He completed a diversion program and the charges were dismissed. Years later, when he applied for a job, he discovered that the arrest was still on his record. He decided to file for expungement so that the arrest would be removed from his record and he could truthfully say that he had never been arrested.
Explanation: This example illustrates how expungement can be used to remove a criminal record from someone's file. John's arrest was dismissed, but it was still on his record and affecting his job prospects. By filing for expungement, he was able to have the arrest removed from his record and start fresh.