Close-up Of Human Hand Filling Criminal Background Check Application Form With Pen
After being involved in a criminal case, you may not realize the effects it could have on your life. You may have finished your sentence, paid fines or other costs, and moved on with your life years ago. However, a background check can bring an old arrest or conviction back to the surface at the worst possible moment. Researchers estimate that roughly one in three American adults has some type of criminal record. In many cases, a past mistake can lead to ongoing barriers long after a criminal case has closed.
How Can a Criminal Record Hold You Back?
A criminal record can affect your job offers, housing, education opportunities and professional goals. Expungement may help by removing or erasing eligible records so that most employers, landlords and members of the public can no longer see them. This can potentially give you a true fresh start and the chance to be judged on who you are today rather than something that happened in the past.
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A criminal record may show up in many parts of your life, including:
- Job applications and background checks
- Rental applications and apartment screenings
- Applications for professional licenses, such as nursing, real estate, or cosmetology
- College admissions and financial aid applications
- Immigration applications
- Child custody and adoption proceedings
- Gun ownership rights
Even an arrest that never led to a conviction can potentially appear on a background check. A landlord or employer may not know or care about the difference, and they might simply choose another applicant.
How Does a Criminal Record Affect Job Opportunities?
Employment is often where a criminal record does the most damage. Many employers run background checks on job applicants, and a record can lead them to reject an otherwise qualified person.
The numbers show how large this problem is. According to the Prison Policy Initiative, people who have been in prison face an unemployment rate of more than 27 percent. That is nearly five times the rate for the general public. This is not because these people do not want to work. In fact, formerly incarcerated people may be more likely to be actively looking for jobs than the general population.
Research also shows that clearing a criminal record can make a real difference. A University of Michigan study published in the Harvard Law Review, for example, found that people who were able to expunge their criminal records saw their wages rise by more than 22 percent.
However, the same study found that only 6.5 percent of people who qualified for expungement actually received it within five years. Many people simply do not know that they are eligible, or they find the process of applying for expungement to be too confusing.
How Does the Expungement Process Work?
Expungement is a legal process that can erase or destroy certain criminal records. Once a record is expunged, you can usually treat the arrest or conviction as if it never happened. In many cases, you can legally answer “no” when a job application asks whether you have been convicted of a crime.
The exact steps that are followed vary from state to state, but the process generally includes:
Checking Eligibility
Each state decides which offenses can be expunged and how long applicants must wait. Arrests that did not lead to a conviction, dismissed charges and minor offenses are often eligible for expungement. Serious violent crimes and sex offenses usually are not eligible, although some minor misdemeanors or felonies may possibly be expunged in some cases. Most states also require a person to complete their sentence, including probation, and avoid additional criminal charges. Waiting periods of several years will usually be required before a person can apply for expungement.
Filing a Petition
In most states, a person must file a petition asking the court to clear their record. They will usually need to gather court documents and pay a filing fee, and their application must explain why they believe expungement is appropriate.
Attending a Hearing
Prosecutors or police officers may have a chance to object to a person’s request for expungement. If they do, a judge may hold a hearing to decide whether expungement is appropriate. The judge may consider a person’s behavior since the conviction, their work history, and statements from family members or other character references. When an expungement request is granted by a judge, an order will be issued requiring law enforcement agencies and other government agencies to delete or destroy the criminal records detailed in the expungement request.
What Is the Difference Between Expungement and Record Sealing?
While expungement will erase a criminal record, sealing a record will hide it from public view. A sealed record still exists, but employers, landlords and the public usually cannot see it.
Record sealing may be an option when an offense does not qualify for expungement. For example, expungement might be allowed for arrests that did not result in a conviction, but sealing may be available to prevent access to records related to misdemeanor or felony convictions.
Sealed records may still be available to law enforcement, courts and certain government agencies. They might also be visible for some jobs, such as positions where people will work with children or in law enforcement.
How Can an Attorney Help With Expungement or Record Sealing?
Expungement and sealing laws vary from state to state, and applicants will need to follow specific steps and meet various requirements during the process. A small mistake in an application could delay a case or lead to a denial. A criminal defense attorney with experience handling expungement and record sealing can typically review a person’s full criminal history, determine which records may qualify, and explain the waiting periods that might be required.
A lawyer may also help a person prepare and file a petition for expungement, gather supporting documents, respond to objections from prosecutors and provide representation in hearings. While no attorney can guarantee that a judge will grant an expungement request, having legal guidance can potentially help a person avoid errors and present the strongest case possible.
