The Pros and Cons of Sealed and Expunged Records

The Pros and Cons of Sealed and Expunged Records

Back in the day it use to be beneficial for a person to get their records sealed or expunged; does the meaning of sealing and expunging records the same as what it used to mean? The Government wants everyone to believe that when people get in trouble with the law, which people would be able to make it go away by following guidelines to seal and or eventually Expunge a criminal record. Even incidents when people get in trouble as a juvenile will always be on their record. Employers may look at the fact that the crime was committed as a child "the court focused on the issue of culpability, and decided that juveniles were less culpable then adults due to a number of different factors related to physical and emotional development involving the growth and maturation process" (Cole & Smith 612) Misdemeanors, felonies, it does not matter, the smallest things that people think years later that no one would be able to find they can find it. "Misdemeanors are relatively small crimes subject to fines or brief confinement in a location other then prison and Felonies are serious crimes punishable with at least one year in a state prison or federal penitentiary" (Heath & Terry 98) It is very easy to get a criminal record, it does not have to be that, that individual actually committed a crime; if there are an arrest made then that person now have a criminal record.

Getting a criminal record is actually easier than anyone would think. When going to pursue this action be knowledge on everything and/or document needed to make this transaction and get everything sealed or expunged. "Prior to beginning to clear an individual's criminal record, it is necessary that the person know exactly what appears on the record. The individual should secure a current copy of his/her FBI record and a copy of the court minutes of each case for which clearing is being sought" (Rinehart W.A. 126) If anyone is arrested at any time than there is a criminal record for that person. Even in cases when people are found not guilty or even dropped, it will always be on their record! Anyone could be arrested for mistaken identity and after it has been proven that it was not this individual, it will still be on this person record. The difference between sealing and expunging a record is as follows. When sealing a record it involves completely removing a criminal arrest from the public. The record of the arrest, for all intents and purposed are destroyed, and it is only available to law enforcement. When a record is expunged, the record will reflect a dismissed case with a finding of not guilty, but still shows the original arrest and charge. Sealed records can be opened if an individual has applied for a professional license, such as medical or law license.

The law and terminology for sealing or expunging a record varies from state to state. To be allowed to seal or expunge a record there are qualifications you have to meet. Not any and everybody can seal their criminal record. "You cannot have any prior convictions for any criminal offense. You can't have a sealed or expunged record anywhere else. You can't be currently under any type of court supervision (probation, house arrest, etc) if you received withholding adjudication, the case you are seeking to seal or expunge