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EXPUNGEMENT AND RECORD SEALING

RELENTLESS RELIABLE RESULTS

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Expungement and Record Sealing

Overview: Expungement and record sealing are legal processes that aim to clear or hide certain criminal records from public view. While the terms are often used interchangeably, they can refer to different procedures depending on the jurisdiction. This page explores what expungement and record sealing entail, their significance, eligibility criteria, and the process involved.

 

What is Expungement?

 

  • Definition: Expungement typically means the complete erasure of a criminal record from all official records, as if the offense never occurred.

  • Effect: Once expunged, the record is no longer accessible to the public or in many cases, to most employers or landlords.

  • Eligibility: Varies by location but generally includes:

 

What is Record Sealing?

 

  • Definition: Sealing a record means that while the conviction or arrest record still exists, it is hidden from public view, accessible only by court order or specific circumstances.

  • Effect: Unlike expungement, the record still exists but is not visible in background checks unless legally mandated.

  • Eligibility: Similar to expungement but might have different criteria:

    • Often applies to arrests without conviction or cases dismissed.

    • Might include certain convictions after a period of good behavior.

 

Why Seek Expungement or Sealing?

 

  • Employment: A clean record can significantly improve job prospects by removing barriers caused by past convictions.

  • Housing: Landlords often perform background checks; a sealed or expunged record can help secure housing.

  • Education: Some educational institutions may consider criminal history; clearing records can aid in admission.

  • Civil Rights: In some cases, expungement can restore rights such as voting or gun ownership, depending on local laws.

  • Social Stigma: Reducing the impact of past mistakes on personal and professional life.

 

The Process:

 

  • Application: Usually involves filing a petition with the court where the conviction or arrest occurred.

  • Review: Courts review eligibility, which might include hearings where the individual must prove rehabilitation or lack of public safety risk.

  • Court Order: If granted, a judge issues an order for expungement or sealing.

  • Notification: Relevant agencies (police, FBI, courts) are notified to update or remove records.

  • Legal Assistance: Many find it beneficial to seek legal help due to the complexity of laws and paperwork.

 

Challenges and Considerations:

 

  • Jurisdictional Differences: Laws vary significantly between states or countries, influencing what can be expunged or sealed.

  • Cost: There can be filing fees, and legal representation might be necessary.

  • Time: The process can be lengthy, sometimes taking months or years.

  • Limitations: Not all records are eligible, and some records might remain accessible under specific conditions (e.g., for law enforcement).

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Disclaimer: The information provided on this website is for general informational purposes only and should not be construed as legal advice. Consult with an attorney for advice regarding your individual situation.The Rhode Island Supreme Court and the Massachusetts Supreme Judicial Court license their respective lawyers in the general practice of law, but do not license or certify any lawyer as an expert or specialist in any field of practice.
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