Having a criminal record can have a significant impact on a person’s life, making it difficult to secure employment, obtain housing or even access certain benefits. However, there are legal options available to mitigate the effects of a criminal conviction, and one of them is record sealing. In this article, we will explore some of the most important aspects of record sealing, eligibility requirements and the benefits of having your criminal record sealed.
What is record sealing and how does it differ from expungement?
What is record sealing?
Record sealing is a process where a criminal record is “sealed” or hidden from public view. This is done through a court order, which prohibits access to the criminal history record by any entity except authorized law enforcement agencies.
How does record sealing differ from expungement?
Expungement and sealing are two legal options available to individuals with a criminal history record. The key difference between the two is that expungement completely erases the record from the individual’s criminal history, while sealing hides it from public view.
What are the benefits of sealing a criminal record?
Sealing a criminal record can have a significant positive impact on an individual’s life. By sealing a record, that individual may be eligible to have his or her criminal history record removed from background checks conducted by employers, landlords and other entities. This can help improve their chances of securing employment, housing or accessing certain benefits. Additionally, sealing a record can help restore the individual’s reputation and improve their social standing in the community.
Who is eligible for sealing of criminal records?
What types of offenses can be sealed?
Most types of criminal offenses can be sealed, including misdemeanors, felonies, and some juvenile crimes. Some offenses, such as sex crimes and crimes against children, are typically not eligible for sealing.
Can sealing a record apply to juvenile offenses?
Yes. In most states, sealing a juvenile record is allowed if the individual meets certain eligibility requirements, such as having no prior criminal history.
How does a misdemeanor or felony affect eligibility for sealing a record?
The severity of the offense and the specific state laws can impact the eligibility of an individual to seal his or her record. For example, some states may allow for the sealing of certain misdemeanors after a certain number of years without any new criminal charges or convictions. Similarly, some states require a waiting period before an individual can initiate the sealing process for a particular offense.
What is the process of sealing a record and how long does it take?
What steps are involved in the process of sealing a record?
To have your record sealed, you will typically need to file a petition with the court to initiate the process. The petition will need to include the relevant information about the offense, the individual’s criminal history, and a description of why the individual is seeking to have the record sealed. Once the petition is filed, a hearing will be scheduled to review the request, and a judge will issue a court order if the request is approved.
How long does it typically take for a record to be sealed?
The time it takes to seal a criminal record can vary by state and jurisdiction. Some states may have a waiting period between the time of the request and the issuance of the court order. In general, however, the process of sealing a record can take several months to complete.
Can I still access my sealed records?
Can I see my own sealed criminal records?
Yes, individuals who have had their criminal record sealed can still access their own records.
Are there any circumstances under which someone else can access sealed records?
In general, sealed criminal records are not available to the public. However, certain parties may still be able to access sealed records, such as law enforcement agencies, government officials, and certain employers, particularly in the case of jobs requiring a security clearance.
How does sealing affect my criminal history?
Sealing a criminal record effectively removes the record from your criminal history, meaning that it will no longer appear on background checks conducted by most employers, landlords or other entities. However, some entities, such as law enforcement agencies or government officials, may still have access to the record even after it has been sealed.
What do I need to know before requesting to seal my records?
What information do I need to provide to begin the record sealing process?
To initiate the record sealing process, you will typically need to provide information about the offense, including the date of the arrest or conviction, the charge or charges, and the sentence or disposition. You will also typically need to provide personal information, including your date of birth, social security number, and current contact information.
What should I consider before deciding to seal my criminal record?
Before deciding to seal your criminal record, it is important to consider the potential benefits and drawbacks of doing so. Sealing a record can help improve your chances of securing employment, housing or accessing certain benefits, but it can also impact your eligibility for certain jobs requiring a security clearance or licensed professionals. Additionally, depending on the specific laws in your state, records may only be able to be sealed once in your lifetime.
What is the role of a lawyer in the sealing process?
Consulting with a lawyer can be helpful for individuals seeking to have their criminal record sealed. An experienced lawyer can help you navigate the legal process, determine your eligibility for sealing and guide you through the federal and state laws specific to your case.
