Legal Definition of Expungement
- The word "expungement" originates from the Latin word "expungere" meaning "to mark for deletion." The word "expunction" holds a similar meaning and also originates from the same Latin term. According to Merriam Webster's Dictionary, expunge means "to strike out or obliterate" or to destroy or eliminate.
- Confusion sometimes clouds understanding of the term "expunged record" in relation to the phrase "sealed record." Sealing of a record involves its closure to outside, public review, but expungement involves the complete destruction of your record so that it no longer exists.
- Most criminal records qualify for expungement review; however, consideration is rarely granted in cases involving violent felonies and sexual offenses. Often, only cases involving first-time misdemeanor offenses or lower-category felonies will receive approval for sealing or destruction.
- Juvenile convictions offer the best chance for expungement, particularly if five or more years have passed since your arrest, you are no longer considered a minor and you have met all conditions of your sentence, including serving it in full.
- Eligibility for expungement varies from state to state, but, in most cases, you must initiate the process yourself by filing the appropriate documents with the court. There may also be a fee to pay as well as attorney costs, should you need one to represent you.
Definition
Sealing
Types
Juvenile
Considerations
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