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What Does Expunge Yourself Mean?

Published in Legal Records Expungement 4 mins read

"Expunge yourself" refers to the process of having official records or information pertaining to you legally destroyed, obliterated, or sealed from public view. It is not a literal action one performs on their own person, but rather a legal procedure to remove or restrict access to past information.

Understanding "Expunge"

The term "expunge" broadly means to destroy, obliterate, or strike out records or information in files, computers, and other depositories. This legal action effectively removes certain past occurrences from your permanent record, making it difficult or impossible for others to access that information.

The Concept of "Expunging Yourself"

When someone talks about "expunging yourself," they are referring to the legal process of clearing specific details from their personal history, most commonly their criminal record. The goal is to legally treat certain events as if they never happened, thus mitigating their impact on future opportunities and personal life.

Criminal Record Expungement: A Key Example

The most well-known application of expungement is in the realm of criminal justice. Many states in the United States permit individuals to have their criminal records expunged. The specific laws and criteria for expungement vary significantly from one jurisdiction to another, often depending on the nature of the crime, the time elapsed since the offense, and the individual's subsequent conduct.

Benefits of Expungement

Having a record expunged can offer numerous advantages:

  • Improved Employment Opportunities: Many employers conduct background checks, and an expunged record may prevent past convictions from appearing, making it easier to secure jobs.
  • Enhanced Housing Prospects: Landlords often perform background checks, and a clean record can improve your chances of renting.
  • Restored Eligibility for Professional Licenses: Certain professions require a clean record, and expungement can help you qualify or regain a license.
  • Educational Opportunities: Admissions to colleges and universities may be less restricted.
  • Restoration of Rights: Depending on the jurisdiction and the specific offense, expungement might lead to the restoration of certain civil rights, such as the right to vote or own a firearm.
  • Peace of Mind: For many, expungement offers a sense of closure and the ability to move forward without the stigma of a past mistake.

The Expungement Process

While specific steps vary by state, the general process typically involves:

  1. Eligibility Assessment: Determining if your specific offense and circumstances meet the legal criteria for expungement in your jurisdiction.
  2. Filing a Petition: Submitting a formal application or petition to the appropriate court.
  3. Notice and Hearing: Notifying relevant parties (e.g., the prosecuting attorney's office) and potentially attending a court hearing where a judge reviews the petition.
  4. Court Order: If approved, the court issues an order for expungement.
  5. Record Dissemination: Copies of the order are sent to all agencies holding your records (e.g., police departments, courts, state bureaus of investigation) to ensure the records are removed or sealed.

What Records Can Be Expunged?

While criminal records are the most common, other types of records might also be eligible for expungement or similar processes:

  • Arrest Records: Even if no conviction occurred.
  • Juvenile Records: Often treated differently from adult records, with a higher likelihood of expungement or sealing.
  • Misdemeanor Convictions: Many minor offenses are eligible.
  • Certain Felony Convictions: Eligibility for felonies is generally more restricted and dependent on the severity of the crime and state laws.

Expungement vs. Sealing Records

It's important to note the distinction between expungement and sealing records:

  • Expungement: Aims to destroy the records or legally treat them as if they never existed. In some cases, access may be granted only under very specific legal circumstances.
  • Sealing: Makes the records inaccessible to the general public, but they still physically exist and can often be accessed by law enforcement, government agencies, or for specific legal purposes (e.g., subsequent criminal proceedings).

In some jurisdictions, the terms "expungement" and "sealing" are used interchangeably or refer to a process that effectively combines elements of both.

Impact of Expungement

Aspect Before Expungement After Expungement
Visibility Records generally accessible to the public and employers Records destroyed, obliterated, or sealed from most public view
Background Checks Information often appears, potentially hindering opportunities Information typically does not appear, improving prospects
Legal Status Past actions remain part of the official record Past actions are legally treated as if they never occurred (in many cases)