At any point in time, some of us make some wrong decisions and end up having a criminal record. But at the same time, some of those criminals realize their crime later on and pledge not to do that again in their entire life.

A crime sometimes changes the whole life of a person. But in actuality, everyone should get a second chance. So, here the whole concept of expunging and clearing criminal records comes into the scene.

7 Things To Know About Expunging And Clearing Criminal Records

There are a lot of things that we need to know about expunging and clearing criminal records. Almost all of us have some basic idea about criminal law. In case you do not have, you can take assistance from a Criminal Lawyers in Lawrenceville GA, at any time.

But here, in this article, we will discuss expunging and clearing criminal records. So, let’s get into the main topic.

What Is A Criminal Record?

First, we need to have the basic idea on “What is a criminal record?”  It is the list of convictions and arrests of a person, which is maintained by the criminal justice system. Over 70 million Americans, i.e., nearly one-third of adults, have a criminal record.

As a result of this, over 30 million children of the United States of America, i.e., half kids java at least one parent with a criminal record. Along with the criminal justice agencies like courts, prosecutors, and police having broad access to criminal records, the members of the general public, like employers, landlords also can search and obtain them.

In a person’s criminal record, even minor convictions, which took place years ago, and also arrests, which did not end up as a conviction, are included. It implies that though someone is legally innocent of a crime, still the person could face barriers that are associated with having a criminal record.

Barriers Of Having A Criminal Record

A criminal record has the power to severely limit someone’s access to public assistance, civic engagement, housing, education, and employment. For screening, the criminal records of applicant’s 3 in 5 colleges, 4 in 5 landlords, and 9 in 10 employers use background checks.

As per a study, over 45,000 federal and state statutes, along with regulations, impose disadvantages or disqualifications on individuals with a conviction. Even though there are no convictions, an arrest record also is capable of decreasing the employment prospect of a person more than any other common stigmas that are employment-related.

Moreover, the collateral damage that is having criminal record results can reach across generations. For example, socioeconomic barriers that are associated with a criminal record of a parent can actually harm the long-term well-being and outcomes of a child.

The communities and families of color disproportionately feel all these impacts. At disproportionately high rates, people of color are arrested and convicted. On the other hand, criminal records are also used for targeting non-citizens’ deportation, providing familial ties within migrant communities.

Criminal Records Can Be Cleared

In the United States of America, a judge or court also can seal or expunge certain types of criminal records. An expungement eliminates arrests or/and convictions from a criminal record of a person entirely as if they never happened.

The expunged record of a person even can not be viewed by a prosecutor or court. On the other hand, sealing only removes the criminal record of a person only from the public view. But with a court order, it can still be accessed.

For certain types of records, there are some forms of sealing or expungement provided by most states. Currently, the federal government does not yet have any regular mechanism clearing either federal convictions or even non-conviction records.

An individual is required to file a petition, for sealing and expungement, along with serving a waiting period without re-offending and appear in court. So, Criminal Lawyers in Lawrenceville GA is always a great option to go with.

Jurisdictions Fixing the Problem

Across the United States of America, States, along with local jurisdictions, are making more criminal records that are eligible for sealing and expungement. And these include the results from victimhood of human trafficking and marijuana offenses.

By reducing filing fees and eliminating waiting periods, states and localities are rapidly taking steps for streamlining the existing procedure. In addition, to automate the sealing and expungement procedures, the number of states embracing “clean slate” laws is increasing.

Including Pennsylvania, three states have already enacted clean slate legislation, which creates an automatic and automated process for sealing and expunging some specific criminal records that are eligible.

Opposition To Sealing And Expungements

There is always an argument that people who have criminal records can pose a threat to public safety, landlords, employers, colleges. And thus, the general public has the right to be aware of the person’s criminal record.

But research suggests that people with expunged or sealed criminal records committing crimes at a lower rate than a general adult population. We can take the example of Michigan.

Within 5 years of sealing their criminal records, 96% of individuals are not convicted of any kind of crime at all, 99.4% are not convicted of any violent crime, and 99% are not convicted of any felony.

Expungement Crime Can Also Make Non-Citizens Deportable

I have already mentioned that criminal records are used for targeting non-citizens for the purpose of deportation. Only the Criminal Lawyers in Lawrenceville GA will be able to help you here.

Under the immigration law that was passed in 1996, a “conviction,” which is particularly for the purposes of deportation, includes any kind of instances where a person pleads guilty to any specific crime, or some type of punishment is imposed, for example, some mandatory diversion programs.

Even though the criminal record is sealed or expunged, it still can be used at any time as a reason for removing an individual from the country.

There Is An App For Clearing Your Criminal Record

The advocates and developers of Louisiana, Maryland, and Chicago have built apps in order to help people find out whether they are eligible for expungement or not. These apps will also help them to get in touch with a lawyer.

While there is no need for a lawyer, legal experts can assist in navigating a complicated process. Previously, searching online for expungement help, the top results come with a long pdf of more than 20 pages.

Frankly, going through the whole pdf and understanding all the legal terms are pretty challenging and complicated at the same time. So, these apps have made the taks a bit easier and understandable.

Bottom Line

Though sealing or expunging criminal records is possible and will happen in such a way that it has not happened at all. But at the same time, an individual has to be eligible for the process. Not all types of criminal records can be expunged or sealed.