What Is the Criminal Record Expungement Law?
To expunge a criminal record is to destroy it or remove it from public view. This means when searching for a job, when they run that initial background check on you, they won't be able to see certain offenses on your criminal record. Once something is expunged from your records, the courts are forced to forget that it ever happened. This law is a great way to get a fresh start from a rocky start you may have had in your past. Each state, though, has its own laws.
What Offenses Can Be Expunged?
Even though it depends on the state, many common offenses can be expunged throughout the states. Those offenses often include the following:
- Dropped charges
- Arrest records
- Non-violent crimes
- Juvenile offenses
- Low-level misdemeanors
- Marijuana charges
What Offenses Can't Be Expunged?
Even in the easy states, there will be offenses that cannot be expunged. This does vary from state to state, but common offenses that can't typically be expunged include murder, rape, terrorism, assault with a deadly weapon, or arson.
The Easy States
There are some states with a more lenient criminal record expungement law. Certain misdemeanors, acquittals, or marijuana crimes can automatically be expunged or sealed in some states. In these states, you do not need to apply or file any paperwork or even pay a fee, your record will wipe itself. Each state varies and has its own requirements that need to be met, but these states include Pennsylvania, Utah, California, Michigan, Illinois, New Jersey, New Mexico, Vermont, and Virginia.
The Difficult States
According to rosenblumlaw.com, the top five hardest states to get your record expunged in are:
- New York: There is a low fee of only $10, but the wait time before applying is 10 years starting from the day of release.
- Louisiana: The fee is a lot higher in Louisiana at $550. The wait time though is only 5 years, but from the time all terms from the sentence have been completed.
- Iowa: Iowa has a medium wait time of 8 years, but this begins on the date of conviction. The fee is $185.
- Tennessee: Like Louisiana, once all terms from the sentence have been completed, the 5 year wait time begins. The fee here, however, is lower at $350.
- South Dakota: Though South Dakota does not have a fee, it is still viewed as a more difficult state due to the wait time that doesn't begin until all sentence terms are complete. Once complete though, some offenses will be automatically removed from public record.
Where Can't You Expunge Your Record?
Most states do have a variation of the criminal record expungement law, but few still do not allow any expungements. Those states include Idaho, Texas, Alaska, Hawaii, Alabama, Florida, and Maryland.
Why Should You Expunge Your Record?
If at all possible, it is always a great idea to do whatever you can to try to utilize these criminal record expungement laws in your favor. Certain things on your record could prohibit you from getting hired at a new job or even finding a new place to rent. If you need help navigating your resources, you can always hire a criminal record expungement attorney to help you work toward your second chance.