Expungement is the process of sealing criminal records from public view and, in some cases, destroying records outright. However, expungement is accessible to only a fraction of those who may benefit from it. Of the people who qualify for expungement under the law, research indicates that only around 6.5% are able to get their record cleared within the first five years that they are eligible. With the right understanding and resources, and the guidance of a skilled criminal defense attorney, many more may be able to clear their records.
What is Expungement?
Expungement laws vary by state, but generally aim to remove convictions from public record. An expunged conviction still exists in the court system, but expungement seals the record from routine background checks by employers or landlords. Some states allow for actual destruction of records as well.
The process for expungement involves petitioning a court to review your criminal record and determine your eligibility. Eligibility often depends on the type of crime, when it occurred, and whether you have completed your sentence. If approved, the court issues an expungement order, either sealing or destroying the records.
Benefits of Expungement
Clearing a criminal record offers many potential benefits:
- Increased employment opportunities: Many employers conduct background checks and having a record is a common barrier. One study found that individuals who obtain expungement experience a 22% increase in wages within one year, compared to their pre-expungement trajectory.
- Access to housing: Landlords often check applicants’ criminal histories and may deny housing based on past convictions. Expungement can open more rental opportunities.
- Reduced recidivism: Some studies indicate expungement lowers re-arrest rates. It facilitates re-entry to society and access to jobs.
- Financial aid eligibility: Past drug convictions can limit access to college financial aid. Expungement may remove this obstacle.
- Relief from the stigma of a criminal record: Expungement offers a chance to move forward with a clean slate.
Overcoming Barriers to Expungement
Despite the benefits, expungement remains underutilized. Many do not understand the options available. According to initial findings from a study conducted in 2022 and published in April, having a lawyer assist with expungement significantly improved outcomes. In the study, those who had full legal representation were over 5 times more likely to get at least part of their record cleared within 6-7 months compared to those who tried to clear their records on their own. Further, of those who got legal help, almost all were eventually able to erase their whole record, while only about 1 in 8 people attempting expungement without an attorney succeeded in fully clearing their record.
Consulting a criminal defense attorney can maximize the chances of success, but pro bono clinics and self-help resources are making expungement more accessible. Several states now offer online portals simplifying the petition process as well.
While expungement is not simple, it offers the possibility of real change. Do your research, seek legal help if possible, and be prepared to navigate the process. A clean record and fresh start may be within reach.
