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Clean Criminal Record

When criminal records of a conviction or arrest are cleaned or expunged (a remark is made in the file that the records are not to be looked into to all except law enforcement), defendants can, in most situations, treat the arrests or convictions as though they had never occurred - drink responsibly - drive responsibly.

Assume for one moment that a defendant's criminal record for misdemeanor possession of an illegal drug is cleaned. On applications for school, a job or a professional license, the defendant may be able to answer that the defendant has no arrests or convictions (assuming no others exist). But, the rules about who is qualified for the cleaning of their criminal record, and the effect of expungement, vary from state to state, and people who want to find out more about expungement should try the advice of an experienced attorney or the staff of a community-based rehabilitation project that includes expungement as part of its everyday services.

These general guidelines apply to many expungement programs to clean criminal records:

  • People need to apply (in writing) to clean their criminal record. Arrest and conviction records are not automatically expunged or cleaned after some years.
  • Although a criminal conviction has been cleaned, sometimes it can still be used to increase the severity of a sentence should a defendant again be convicted. For example, an expunged conviction may subject a defendant to a "three strikes" sentencing drugged driver laws.
  • Criminal convictions cannot be expunged until about a year after they occur, and then only if the defendant is complete with serving the sentence and is facing no new charges.
  • A defendant acquitted of a criminal charge may be able to have the records of the drunk in public arrest and charge cleaned as soon as possible.