Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « The Basics of Expungement
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- Expungement which is also known as "expunction" is a process that is executed after obtaining “Pardon”. This process helps the criminal to get rid of the criminal record permanently and is also known "setting aside a criminal conviction."
The accessibility of expungement, may not be allowed in some states or might differ from country to country.
Legal Effect of an Expungement
An expungement is generally a channel through which an arrest or conviction is sealed, or eliminated permanently from a person’s criminal record. Once, the expungement process is finished and the person is legally free from all the obligations, its not necessary for that person to disclose his crime before applying for any job or membership.
For instance when filling out forms the arrested person is not required to state that he has been arrested because his criminal record will be completely destroyed.
In some situations, no record of an expunged arrest or conviction will be accessible if an employer or educational institutions conduct assessment analysis.
However, at times this criminal record might not be completely eliminated. This is the case when an individual’s criminal record can be accessed by some government agencies, consisting of law enforcement and the criminal courts.
Though, this access is restricted to these government agencies only, it will still be considered that expungement process is still in process. This restricted accessibility is referred to as criminal record being "under seal."Therefore, in some official or legal procedures, crime committed by the person can be easily searchable by few institutions.
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