Model Law: A Blog About Legal Issues

Key Conditions Required to Expunge a Criminal Record

15 February 2022 by Susanna Phillips

Going to prison for a criminal offence does not necessarily mean that it is the end of your life as you know it. On the contrary, one can serve time and still become an upstanding and productive member of society. However, one thing with criminal records is that they do not disappear. Instead, criminal records hover around, becoming sources of background checks for different service providers. Thus, it can be frustrating for an ex-convict to look for a job. Fortunately, a lawyer can help convince the justice system to expunge a criminal record. However, some conditions determine whether a criminal record should be erased or not. Read on for insight.

Age at Time of Conviction -- It is the first thing courts look at when examining ex-convicts' requests to expunge criminal records. If you were a juvenile at the time of conviction, then the chances are high that your criminal record could be erased. The reason is that ex-convicts who were convicted as juveniles often did not know any better and had to pay for their naivety with prison time. Therefore, when they come out of prison as adults, they should not continue paying for their juvenile wrongs. It is why courts are willing to expunge the criminal records of people convicted as juveniles.

Type of Crime -- Another consideration courts look at when gauging whether to expunge a criminal record or not is the type of crime. Were you convicted of a minor criminal offence, such as first-time drug possession or a misdemeanour? Judges consider expunging criminal records of a first-time offender or a minor charge, such as ignoring traffic lights. However, it is virtually impossible to expunge a criminal record where an offence involves weapons or fraud. The only time such a criminal record can be deleted is if a lawyer can prove that their client was wrongly accused. If the evidence points to a wrong accusation, a judge can expunge a criminal record regardless of the type of crime.

Current Criminal Record -- How does your criminal record look since you left prison? Have you had run-ins with law enforcement officers for any reason? Your behaviour post-prison plays a significant role in determining whether the courts expunge your criminal record or not. Ideally, presiding judges only consider records of first-time offenders. Therefore, maintaining a clean record and completing all requirements increases the chances of getting your criminal records expunged. However, courts will deny your request if you are a serial offender.

Contact a criminal lawyer in your area for more information. 

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