Expungement

Criminal “Expungement” is the process of going to court to ask a judge to seal a criminal record. When a record is sealed, it does not show up in a criminal background check. It is important to remember that a sealed record is not destroyed. The police, immigration officials, and other public officials may still see sealed court files for certain purposes.

The social consequences of a criminal record can effectively lead to the denial of an individual's right to civic participation. Life, subsequent to an arrest, is permanently altered. Regardless of whether an individual has been convicted and the overall outcome in court, an arrest or citation will typically appear on a criminal record. Therefore, even a person who has had the charges against them dropped may be subject do a degree of social public ostracism and a de facto public finding of guilt.

In the common law legal system, an expungement proceeding is a type of lawsuit in which the subject of a prior criminal investigation or proceeding seeks that the records of that earlier process be sealed or destroyed, thereby restoring the subject's name. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed after the expiration of time."[1] While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.

These procedures are intended for expungement of DNA records resulting from a conviction for a qualifying federal or District of Columbia offense, as defined in 42 U.S.C. 14132(d)(1)(B) or resulting from an arrest under the authority of the United States. These procedures do not apply to the expungement from the National DNA Index System of DNA records resulting from state or Department of Defense convictions or arrests. Individuals who wish information on how to expunge a state arrest or conviction should contact the appropriate state or the Department of Defense.

If the case against a person found guilty of an offense under section 404 of the Controlled Substances Act (21 U.S.C. 844) is the subject of a disposition under subsection (a), and the person was less than twenty-one years old at the time of the offense, the court shall enter an expungement order upon the application of such person. The expungement order shall direct that there be expunged from all official records, except the nonpublic records referred to in subsection (b), all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof.

Advocacy on behalf of the federal inmate population is the central focus of Federal CURE, Inc. (FedCURE). Realizing that successful advocacy can only occur when society has been enlightened about federal prison reality, FedCURE seeks to create a paradigm where elected officials and American society have a clear understanding of the issues confronted by the federal inmate population. Reducing crime in our communities requires society's involvement so that the federal criminal justice system can effectively address escalating crime rates through the adoption of alternative sentencing options in the federal court system; facilitate transitional services during reintegration into the community; and reintroduce effective rehabilitative programming into the federal prison system thus engendering positive changes in the lives of those incarcerated within.

The National Association of Criminal Defense Lawyers (NACDL) is the preeminent organization in the United States advancing the mission of the nation's criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct. A professional bar association founded in 1958, NACDL's more than 12,800 direct members -- and 94 state, local, and international affiliate organizations with another 35,000 members -- include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors and judges committed to preserving fairness within America's criminal justice system.

Juvenile records have far-reaching implications and often follow a young offender into adulthood. This manual provides juvenile defense attorneys and advocates with information about the accessibility of juvenile records, the lasting consequences of having a juvenile record on file, and the standard process for petitioning the court for an expungement.

A collection of individual state documents that can be downloaded; includes state law regarding loss of rights due to a felony conviction, process of restoration, pardon/expungement information, and contact information of corresponding agencies.

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