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What is Expungement?

2009
13
March

question markThe Black’s Law Dictionary defines expungement as a “process by which record of criminal conviction is destroyed or sealed after the expiration of time. 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.”
However, each state has different policies and the overall effect of the expungement will depend on your situation.

For example:

California – an additional entry is created on the record showing the date that the conviction has been “set aside and dismissed pursuant to 1203.4 PC.” You are no longer obligated to disclose the conviction when questioned except in response to applications for public office, licensure by any state or local agency, or contracting with the state lottery.

Florida - record is destroyed and removed from the courts database, the arresting agency, the FDLE, and the FBI.

Illinois- record is destroyed and the charges can be denied.

Ohio - the common use of the term “expungement” actually refers to the sealing of a criminal record. You can deny any criminal record but it will remain visible to law enforcement agencies and prosecutors. If you are arrested again, your sealed record can be used against you.

Texas – all records and files are destroyed.

There are a wide variety of factors that determine the type of relief that you will be eligible for and there are several ways to learn if you are a candidate for expungement. This free expungement eligibility check will help you get started.


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