Having a criminal record can feel like a weight holding you back, affecting everything from employment opportunities to housing applications and even personal relationships. Fortunately, for many individuals in the United States, it’s possible to clear your criminal record through processes like expungement or record sealing. These legal remedies are designed to give people a fresh start, free from the stigma of past mistakes.
As a criminal defense attorney based in Queens, NY, I, Jeffrey D. Cohen, have helped clients navigate the complex process of clearing their criminal records. In this blog, I’ll break down what it means to clear your record, who qualifies, and how to get started.
What Does It Mean to Clear Your Criminal Record?
Clearing your criminal record typically involves one of two legal processes: expungement or record sealing. While the specifics vary by state, the general idea is to remove or limit public access to your criminal history.
-
Expungement
This process removes the record entirely, as if the crime never occurred. Expunged records are erased from public databases and court systems.
-
Record Sealing
Sealing a record doesn’t erase it but makes it inaccessible to the public. While law enforcement and certain agencies may still view the record, employers and landlords typically cannot.
Both options can provide significant relief, but the availability and requirements depend on the state where the conviction occurred.
Why Clearing Your Record Matters
A criminal record can have far-reaching consequences, including:
-
Difficulty Finding Employment
Many employers conduct background checks, and a criminal record can limit job opportunities.
-
Challenges in Housing
Landlords often deny applications from individuals with a criminal history.
-
Limited Educational Opportunities
Certain scholarships, licenses, and educational programs may be off-limits.
Social Stigma
Even if you’ve turned your life around, a criminal record can carry an unfair stigma.
Clearing your record can remove these barriers, giving you the freedom to move forward without being defined by your past.
Who Qualifies to Clear Their Criminal Record?
Eligibility for expungement or record sealing depends on several factors, including:
-
The Type of Offense
- Non-violent offenses and misdemeanors are more likely to qualify.
- Violent crimes, sexual offenses, and other serious felonies are often excluded.
-
The State’s Laws
Each state has its own rules about which crimes can be expunged or sealed. For example, New York offers record sealing under CPL § 160.59, but it does not allow expungement.
-
Completion of Sentence
Most states require that you complete all aspects of your sentence—jail time, probation, fines, and restitution—before applying.
-
Waiting Period
Many states enforce a waiting period, ranging from a few years to over a decade, before you can petition to clear your record.
-
No New Offenses
You’re generally required to have a clean record during the waiting period.
Steps to Clear Your Criminal Record
If you’re eligible, here’s how to get started:
-
Understand Your State’s Laws
Every state has different rules regarding expungement and record sealing. Research the laws in your state or consult with an experienced attorney to determine your eligibility and the specific process.
-
Obtain Your Criminal Record
You’ll need to know exactly what’s on your record. Request a copy of your criminal history from the state or local law enforcement agency. In New York, for example, you can obtain your rap sheet through the Division of Criminal Justice Services (DCJS).
-
Determine Your Eligibility
Review your criminal record against your state’s eligibility criteria. This step is critical because not all offenses or individuals qualify.
-
File a Petition
Once you’ve confirmed eligibility, the next step is to file a formal petition with the court. This typically involves:
- Completing the required forms.
- Submitting proof of eligibility (e.g., evidence of completed sentence).
- Paying any filing fees.
An attorney can help ensure that your petition is complete and accurate, increasing your chances of success.
-
Attend a Hearing (if required)
In many cases, the court will schedule a hearing to review your petition. You’ll have the opportunity to explain why clearing your record is justified. Having legal representation during this step can make a significant difference.
-
Wait for the Court’s Decision
After the hearing, the court will issue a decision. If approved, your record will either be expunged or sealed, depending on your state’s laws.
-
Verify Your Record
Once the process is complete, check to ensure that your record has been updated. This step is crucial to ensure that the expungement or sealing is fully implemented.
Challenges You May Encounter
Clearing your record isn’t always straightforward. Some common challenges include:
-
Complex Eligibility Criteria
Understanding state-specific rules can be overwhelming.
-
High Costs
Filing fees, legal representation, and related costs can add up.
-
Prosecutor Opposition: In some cases, the prosecutor may challenge your petition, arguing that your record should remain public.
These obstacles underscore the importance of working with an experienced attorney who can guide you through the process and advocate on your behalf.
What About Federal Crimes?
Unfortunately, expungement or sealing is rarely available for federal offenses. However, individuals convicted of federal crimes may explore alternative remedies, such as a presidential pardon. While pardons don’t erase the conviction, they restore certain rights and remove some of the stigma associated with a criminal record.
How I Help My Clients
As a criminal defense attorney in Queens, I’ve guided many clients through the process of clearing their records. Here’s what I bring to the table:
-
Personalized Advice
I’ll review your case to determine the best course of action.
-
Paperwork Assistance
From filing petitions to gathering supporting documents, I’ll handle the details so nothing is overlooked.
-
Court Representation
If a hearing is required, I’ll advocate for you to ensure your voice is heard.
-
Follow-Up Support
Even after your record is cleared, I’ll work to ensure that the process was completed correctly and your rights are fully restored.
Final Thoughts
Clearing your criminal record is more than just a legal process—it’s an opportunity to reclaim your life and leave past mistakes behind. While the path can be challenging, the rewards are well worth it.
If you’re considering expungement or record sealing, don’t navigate the process alone. With the right guidance, you can overcome the hurdles and move forward with confidence.
As Jeffrey D. Cohen, I’m here to help. Together, we can take the steps necessary to clear your record and give you the fresh start you deserve.
