Legal Definitions - expungement of record

Expungement of record refers to the legal process by which a court orders the sealing or destruction of a person's criminal record, making it inaccessible to the public and, in many cases, to potential employers or landlords. This effectively treats the conviction as if it never occurred for most purposes, offering individuals a chance for a fresh start.

• Example 1: Overcoming Employment Barriers for a Minor Offense

  Imagine a young adult named Emily who, at age 19, was convicted of a misdemeanor for underage possession of alcohol. She completed her probation, paid all fines, and has maintained a clean record for the five years since. Now, as she applies for entry-level jobs, she finds that her past conviction appears on background checks, making it difficult to secure employment.

  This illustrates expungement of record because Emily can petition the court to have this conviction removed from her public record. If granted, she would legally be able to state on job applications that she has no criminal convictions, allowing her to pursue career opportunities without her past mistake hindering her progress.

• Example 2: Facilitating Professional Licensing After Rehabilitation

  Consider Michael, who was convicted of a non-violent felony, such as grand theft, over 15 years ago. He served his sentence, completed rehabilitation programs, and has lived a law-abiding life ever since, becoming a respected member of his community. He now wishes to obtain a professional license for a new career, but the licensing board's mandatory background check reveals his old conviction, which is a disqualifying factor.

  This demonstrates expungement of record as Michael can seek to have this decades-old conviction expunged. If successful, the conviction would no longer appear on his record for most purposes, potentially allowing him to meet the eligibility requirements for the professional license and pursue his new career path.

• Example 3: Securing Housing and Educational Opportunities

  Sarah was convicted of a low-level misdemeanor drug possession charge seven years ago. Since then, she has completely turned her life around, earned a college degree, and is now applying for an apartment in a new city. Many landlords conduct background checks that reveal her past conviction, leading to rejections despite her current stability and good credit.

  This scenario highlights expungement of record because Sarah can petition the court to have her drug possession conviction expunged. If the expungement is granted, the conviction would be sealed or removed from her public record, making it easier for her to secure housing and potentially qualify for educational programs or scholarships that might otherwise be inaccessible due to her past.