What is a Criminal Record? 

A criminal record formerly referred to as a “summary criminal history,” is known as a file of an individual’s convictions and arrests, which is maintained by the criminal justice system. Information regarding criminal investigations, such as criminal convictions, date of conviction, the charges, the sentence, and if the crime was a felony or misdemeanor will all be included in the history of a criminal record. If a district attorney refuses to prosecute the charges of a conviction, the criminal record history should also show that information.

Criminal records are not only accessible to the police, prosecutors, and members of the court, but also the general public. This means that landlords, employers, or simply an individual wanting to know more about your life can access your criminal record information. Minor convictions that took place a long time ago and did not result in a conviction, also make an appearance on an individual’s criminal record. Due to this, someone who is legally innocent of a crime could face barriers associated with having a criminal record.

 

Barriers Associated with Criminal Records

A criminal record can follow someone throughout their entire life. This can affect many things, such as; signing leases, finding jobs, continuing education, etc. Even if a criminal case does not result in a conviction, a record of an arrest and a criminal prosecution remains. It is possible to have a criminal record either sealed or expunged. Laws regarding the sealing of records and expungement include many facets and procedures, which is why it is important to contact an experienced criminal attorney to assist you in these types of matters.

 

Seal of a Record vs. Expungement 

Most states render some form of sealing or expungement of records. However, the federal government does not currently have a specific mechanism for clearing such records. Both sealing and expungement generally require the individual with a criminal record to file a petition, appear in court and serve a waiting period with no new offenses. Many individuals are not aware that they may be eligible to seal their record or have it expunged altogether, which is why it is so important to contact an experienced attorney and know the differences between the two.

 

Seal of a record

When someone has their criminal case sealed, this means that nobody can view the file without a court order. This means while your file may not be available to the general public, it can still be accessed through a court order. This, however, makes it more difficult for anyone to have access to the file.

 

Expungement

In contrast to the seal of a record, expungement is a process where a person has their criminal file entirely removed from public record. Essentially, when an individual has their file expunged, this acts as though the conviction(s) never happened.

Both the sealing and expungement of criminal records benefit the economy because they allow individuals with such records a second chance of finding employment, owning and/or renting homes, and just living a normal life altogether. While some may argue that individuals with public records can pose a threat to society and thus the general public should have access to a person’s criminal record, research suggests that individuals with sealed or expunged criminal records commit crimes at a lower rate than the general adult population.

Now that you know this information and that you may have these options available to you, there are actions you can take to move forward. If you have a criminal record and would like to look into getting it sealed or expunged altogether, Contact Rivera Law at 561-651-9322 for a consultation today.