5 Myths About Expungement Debunked

Expungement can be a life-changing legal remedy for individuals with past criminal charges or convictions. Yet, many people don’t take advantage of it—simply because they’re misinformed. Whether you're looking for a fresh start or helping a loved one move forward, it's time to clear the air. Below, we debunk five common myths about expungement so you can better understand your rights and opportunities.

Myth #1: If My Case Was Dismissed, It Disappears Automatically

Many people believe that if their case was dismissed or they were found not guilty, their record is automatically cleared. This is not true. Even if you were never convicted, the arrest and court records may still be publicly accessible. That means potential employers, landlords, and others could still see the charge on a background check unless you take the legal step of requesting an expungement.

Myth #2: Expungement Erases Everything

While expungement can provide significant relief, it doesn't always wipe the slate completely clean. The effect of expungement varies by state. In many cases, the record is sealed from public view but may still be accessible to law enforcement or government agencies. Some professional licensing boards or immigration authorities may also still be able to see the expunged record.

Myth #3: You Can’t Get an Expungement if You’ve Served Time

Many people believe that serving time in jail or prison automatically disqualifies them from expungement. While this may be true for certain serious offenses, it's not a universal rule. Even individuals who have completed a sentence, including incarceration, can still be eligible for expungement if they meet specific criteria. Factors like the type of offense, how long ago it occurred, and your behavior since the conviction all play a role. Don’t assume you’re ineligible just because you served time. Consulting with Brinkley Law can help clarify your options.

Myth #4: Expungement Happens Instantly

Expungement is a legal process, not a quick fix. It often involves filing detailed paperwork, serving notices to prosecutors, possibly appearing in court, and waiting for a judge's decision. Depending on the jurisdiction and backlog of cases, the process can take several months. Working with an experienced expungement attorney can speed things up and help avoid costly mistakes.

Myth #5: I Don’t Need a Lawyer for Expungement

While it's possible to apply for expungement on your own, having a knowledgeable attorney can make a significant difference. Lawyers understand what judges look for, how to present your case persuasively, and how to respond to any objections from the prosecutor. One mistake on your paperwork or one missed deadline can set you back months—or even lead to a denial.

Take the Next Step Toward a Fresh Start

Don’t let myths and misinformation hold you back. If you’re carrying the weight of a past mistake, expungement might be your path to better job opportunities, housing, and peace of mind.

Contact Brinkley Law today at 317-766-1379 to schedule a consultation and find out if you’re eligible. Let Brinkley Law help you clear your record and reclaim your future.