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"Expungement" is the legal term for erasing a criminal arrest
and/or criminal conviction from an individual’s criminal record. Some
jurisdictions allow an individual who is arrested but not convicted to apply
for an order of expungement. Other jurisdictions also allow certain types
of criminal convictions to be expunged. If such an order is granted, the
individual may, for some purposes, treat the arrest and all subsequent proceedings
as though they never occurred.
An expungement can be very helpful for someone looking for employment, particularly
for jobs that require certain types of licenses. If an arrest or criminal
conviction is expunged, the individual may answer “no” when asked
whether they have ever been arrested or convicted.
Not all arrests or criminal convictions are eligible for expungement. In many
states, defendants cannot expunge felony convictions or convictions involving
sex offenses. Juvenile and misdemeanor convictions are most often subject to
expungement. In most states convictions cannot be expunged until at least a year
after they occur, a year after probation is concluded and only if the individual
is not facing any new charges.
The rules governing who is eligible for expungement, and the effect of expungement,
vary from state to state.
California Expunement Code |