Expungement is a legal process that allows certain offenses to be wiped from your record, giving you a fresh start.

Criminal records include arrests, charges, and convictions, plus details about sentencing and probation.

But not everything sticks around forever. Some minor infractions might not even show up on background checks, while serious crimes are much harder to remove. Under specific conditions, and if your lawyer succeeds in preparing the expungement petition, the law can erase past mistakes so they don’t follow you forever.

Expungement laws are often guided by legislation such as the Rehabilitation of Offenders Act, 1974, which aims to give individuals who have demonstrated rehabilitation a chance to move forward without the burden of past mistakes. However, certain crimes, known as excepted offenses, may not qualify for expungement, and individuals must wait until the applicable rehabilitation period has passed before applying. But how does expungement work, and who qualifies? Let’s break it down in simple terms.

What’s the Difference Between Expungement and Sealing?

Expungement and sealing aren’t the same thing. If a record is expunged, it’s completely erased, like it never happened. You don’t have to disclose it on job applications, and it won’t show up on background checks.

Sealing, on the other hand, means the record is hidden from the public but still visible to certain authorities, like law enforcement and government agencies. Some states allow sealing for records that don’t qualify for full expungement.

What Can and Cannot Be Expunged?

Expungement rules vary by state, but in general, misdemeanors stand a better chance of being erased than felonies. Non-violent crimes, juvenile offenses, and cases that were dismissed or dropped are often eligible.

On the other hand, certain crimes, such as violent felonies, sexual offenses, and crimes against minors are usually off-limits for expungement. Also, you can’t apply until you’ve completed all sentencing requirements, including probation, fines, and community service.

How Long Do You Have to Wait Before Applying for Expungement?

The waiting period before you can apply for expungement is known as the rehabilitation period. The length of this period depends on the severity of the crime:

• Indictable offenses usually require a 10-year waiting period.
• Summary offenses (less serious crimes) typically require 5 years.
• First-time and juvenile offenders might qualify for shorter waiting periods, sometimes just 2-5 years.

During this time, you must stay out of trouble. If you commit another crime, the clock resets, meaning you have to wait even longer before you can apply for expungement. The rehabilitation period is calculated from the date the sentence was fully served. If an individual was sentenced to imprisonment, the waiting period starts from the date of release.

If the sentence involves a fine, community service, or probation, the period begins once all court-mandated conditions are fulfilled.

What Are the Costs and Legal Requirements for Expungement?

Expungement is not always free, and the costs can vary significantly depending on where you live and whether you require legal assistance. Filing fees alone can range from a few hundred to several thousand dollars. While some individuals can handle the paperwork themselves, others may need to hire an attorney, especially if their case is complex or involves multiple offenses.

The process typically involves obtaining copies of your criminal record, completing expungement forms, filing a petition with the court, and possibly attending a hearing. Some states offer online services or legal aid programs that help simplify the process, but it is crucial to ensure all paperwork is correctly filed to avoid delays or denial of the request.

Can a DUI Be Expunged?

DUI (Driving Under the Influence) convictions are a common concern for individuals seeking expungement. Whether a DUI can be removed from your record depends on several factors, including whether it was a first-time offense and whether there was property damage or injury involved.

In some states, a first-time DUI with no aggravating factors may be eligible for expungement after a certain period, especially if the individual successfully completed probation and did not reoffend. However, repeat DUI offenses or cases involving serious harm are much less likely to qualify.