What An Expungement Will Not Do
The Limitations of Expungement: What You Need to Know
Expungement is the legal process through which criminal records are sealed, effectively hiding them from public view. An expunged record will not appear on a background check, and it can no longer be used against you in most cases. However, it’s important to understand that there are limitations to what an expungement can do.
The Limits of Expungement
|Expungement Will Not Do||Action Required|
|Court Records Erasure||You will still be obliged to disclose the arrest/conviction to the court system and immigration authorities regardless of whether or not the record was expunged.|
|Restore Gun Rights||An expungement won’t help restore firearms possession rights for felons convicted of gun-related non-business crimes if forbidding law exists within the convicted’s state’s law.|
|Help With Immigration||The legal immigrant/applicant will continue to owe a disclosure of arrests/convictions even if they expunge/seal the record before applying for Visa/green card/Benefit application.|
|Guarantee Job Offers||An expungement does improve the chances of getting a job but does not guarantee a confirmed job offer since an employer possesses the right to conduct background checks and make hiring decisions.|
|Eliminate All Consequences||An expungement can eliminate some consequences of having a criminal record, but it will not necessarily remove all barriers attached such as social stigma and reputation damage in multiple areas of life.|
An Expungement Will Not Erase Court Records
When you go through the process of expunging your criminal record, it is important to understand that court records will not be erased. Court records are accessible by judges, lawyers, and other court officials even if the criminal record has been expunged. This means that if you commit another crime, your previous expunged record can still be used against you in court.
An Expungement Will Not Restore Gun Rights
If you have been convicted of a felony, even if your record has been expunged, it will not restore your gun rights. The Second Amendment guarantees the right to bear arms; however, the government also has the right to regulate those rights. Many states have laws prohibiting felons from owning or possessing firearms this applies even if their record has been expunged or sealed.
An Expungement Will Not Help With Immigration
Expungement does not erase criminal records; instead, it seals them from public view. In the eyes of the law, a sealed record still exists – even if it is not accessible to the public. Therefore, if you apply for a visa or green card, you must still disclose any convictions regardless of whether they have been expunged or sealed. Depending on the type of crime committed, it may impact your eligibility for certain forms of immigration relief.
An Expungement Will Not Guarantee Job Offers
Although an expungement can improve your chances of finding employment by allowing you to ‘check no’ on job applications that ask about prior convictions, it will not guarantee you a job offer. Employers still have the right to conduct background checks and choose not to hire you based on their findings. However, in some states, employers are prohibited from considering expunged or sealed records when making hiring decisions.
An Expungement Will Not Eliminate All Consequences
While an expungement can alleviate some of the consequences of a criminal conviction, it is not a cure-all solution. Even with an expungement, there may still be emotional and societal effects attached to having a criminal history – this includes judgment from those around you and potential personal guilt or shame. It’s essential to keep in mind that the impact of an expunged record will vary depending on individual circumstances and the nature of the crime committed.
Expunging your criminal record can grant numerous benefits: improved chances of being hired for jobs that require background checks, better access to housing funds – such as Public Housing Authorities' help -, welcoming back your rights like traveling overseas without worrying about customs clearance questioning, ease of obtaining certification or required licenses, etc. Despite all these benefits associated with an expunged record, limitations still exist whereby court officials remain privy to one’s past crimes while immigration authorities may judge eligibility issues using previous convictions regardless of any expended efforts towards clearing them from one’s visible public profile as proof against one’s past mistakes made in life’s journey.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS