What is Expungement?

Expungement is the removal of records from one’s file. Expungement generally involves the physical removal and destruction of the records. It is a process often pursued, if available, to purge one’s criminal history. For example, upon reaching adulthood, an individual with a juvenile history may have the option to expunge juvenile arrest and court records from his or her file.

Expungement laws vary between states. These laws set out the procedure that must be followed in order to get one’s records expunged. The first step in expungement is to determine if you are or will become eligible. Expungement laws set out criteria such as the types of records that may expunged, which types of offenses’ records may be expunged, time since your last offense, and current status of any charges. For those who are eligible, there may be a form to fill out or your attorney would need to petition the court to expunge your records. Some jurisdictions require hearings to determine if expungement should be permitted or not, while others will make a determination purely on your written submissions.

If your records are expunged, the legal effect of the expungement will also vary by jurisdiction. Many will then allow you to proceed as if the original arrest and court proceedings had never occurred. There may also be immunity from any perjury or false representation charges, allowing you to deny ever being arrested or prosecuted. However, there may be exceptions in some states that require you, in limited circumstances, to disclose charges even though the records of those charges have been expunged.

Expungement can be a complex process. An experienced attorney can help ensure that paperwork is in order, supporting documents that are needed are present and sufficiently strong, and, can advocate on your behalf if a hearing is necessary. While it may be possible to pursue expungement on your own, unfamiliarity with a tedious process could lead to unnecessary delay in getting your records expunged.

This article is not intended as legal advice.

Will & Will, LLP is available to assist clients in the Riverside area.