5 Myths About Expungement Debunked

Looking for a fresh start after a criminal conviction? An expungement may be available to you. There are a lot of myths surrounding the expungement process, so it is important to clarify the misconceptions and reveal the truth. 

Myth #1: Expungements completely erase your criminal record. 

Even though expungements remove certain offenses from being publicly accessible, they don’t completely erase your criminal history. Some agencies and employers might be able to access your record even after it has been expunged. Rather than saying that expungements completely erase your criminal history, it is more accurate to say that they limit access to your record. 

Myth #2: Expungement is a quick and easy process.  

Many people who aren’t attorneys assume that expungement is a quick process. However, that is not accurate. In reality, expungement can be a long process and requires lengthy preparation and filing paperwork. It is recommended that your hire an attorney to handle expungement, as it can become a complicated process. 

Myth #3: Anyone can have their record expunged. 

Not everyone is eligible for an expungment. The requirements for an expungement vary by state. Not all offenses are eligible for expungement. For example, felonies are not as likely to qualify for expungement as misdemeanors. Non-violent felonies are eligible when certain criteria are met. 

Myth #4: The record automatically expunges over time. 

There is a common misconception that criminal records are automatically expunged after 5-10 years. In reality, that is not true. Criminal records do not automatically seal from your record due to the passage of time. Being eligible for expungement may require that a specific amount of time has passed, but even if a charge is dismissed the process of expungement is not automatic. 

Myth #5: Expungement is permanent. 

After your record is expunged, it does not mean that it will never affect you again. As mentioned above, expungements do not completely erase your criminal record. For example, having additional charges in the future may complicate the status of expungement. Additional charges may also impact your ability to obtain future expungements.