Key Highlights

  • Expungement clinics provide free legal assistance to individuals seeking to clear their criminal records.
  • But proactively removing criminal records from background checks requires additional effort and know-how.
  • Complete record removal helps remove barriers to employment, housing, education, and online dating.
  • The RecordFixer Pilot Project provides a powerful legal tool to Expungement Clinics to maximize client privacy.

 

Introduction

Navigating the legal process of criminal record removal can be overwhelming for many. For anyone seeking to clear their criminal record, the steps and requirements are often provided through the amazing work of expungement clinics. This comprehensive guide provides valuable insight into the inner workings of an expungement clinic, the countless benefits, and the lesser-known steps involved in removing your records from background check databases.

Do Expungements Clear your Entire Record?

Unfortunately, No. This legal process provides part of the answer. The extent to which an expungement clears your record depends largely on the specific laws of your jurisdiction and the nature of your background check.

In many cases, an expunged record is still be visible to government entities, courts, law enforcement agencies, professional licensing boards, and unregulated public data vendors (such as PeopleSearch services and data broker markets).

A tool like RecordFixer was built specifically to automate the removal of criminal records from hundreds of databases used for background checks. Which is why we offer our platform to clinics devoted to helping individuals looking for a fresh start.

Understanding Expungement and Background Checks

While a dismissal order can significantly impact what appears on a background check, it might not erase every trace of your criminal history. This uncertainty necessitates a thorough understanding of how your petition interacts with background checks systems.

Knowing what information potential employers or landlords can still access helps set realistic expectations. Which is why before you choose to use a powerful legal technology, let’s first dive into the process.

What is Expungement?

Expungement is a legal process that allows individuals to petition the court to remove certain arrests and convictions from their public record. Essentially, it’s like reversing those records, making convictions turn into dismissals. In some states, a final order from the court may make that record inaccessible to the public and many private entities. But in many states, it’s only the first step that gives you the authority to bolster your privacy.

A court order is a legal document issued by the judge that mandates the removal or sealing of your criminal case from the official record. While the specifics vary by jurisdiction, the fundamental goal remains consistent: to provide individuals with a second chance by limiting the accessibility or use to the past criminal event.

However, it’s essential to remember that expungement doesn’t automatically erase criminal data from wherever it sits. This is a highly misunderstood area of data privacy rights and criminal record removal.

How a Criminal Record Impacts Your Life

Even for minor offenses, criminal records cast a long shadow over one’s life. This hinders access to opportunities that others may take for granted. Employment prospects may dwindle, housing options become limited, and educational aspirations might be stifled.

More importantly, with the rise of online lookup tools, individuals with prior arrests and criminal charges carry never ending concerns that their past will “pop up” whenever anyone wishes to learn more about them.

Steps to Clear Your Record through an Expungement Clinic

An expungement clinic offers a streamlined and supportive environment to navigate the often-complex process of clearing your record. They are frequently hosted by legal aid organizations or bar associations, bring volunteer attorneys (offering CLE credits) and other legal professionals together to provide free assistance.

Helping determine your eligibility and guiding you through the necessary paperwork, the clinics offer a valuable resource for individuals seeking to clear their records.

Eligibility Criteria

Eligibility varies depending on factors such as the nature and severity of the offense, your full criminal history, and the time elapsed since the offense occurred. Generally, more serious offenses, such as felonies, may be harder to expunge than misdemeanors or infractions.

Many jurisdictions provide online resources or legal aid services to help individuals determine their eligibility.

To ensure a smooth and efficient process at the expungement clinic, it’s beneficial to arrive prepared with the necessary paperwork. While specific requirements differ by location, common documents include:

  • Government-issued identification: A valid driver’s license or state ID proves your identity.
  • Court records: Copies of your criminal case disposition, including charges, sentencing information, and probation details, are essential for review.
  • Online application (if applicable): Some clinics may require you to complete an online application or intake form beforehand.

Having these documents organized can expedite the process at the clinic.

Removing your Record AFTER the Expungement Clinic

Even after a successful expungement clinic, the journey to a clean record doesn’t end there.

Once your petition receives approval, you need to take additional steps to ensure the removal of your record from various databases and online platforms–which entails contacting hundreds of background check companies, credit reporting agencies, and even online search engines.

What other criminal records be removed from background checks?

While the primary focus is often on convictions, other types of criminal records could be eligible for removal from background checks. These include:

  • Arrests without conviction: If you were arrested but not charged or found not guilty, you might be able to have these records sealed or expunged.
  • Juvenile records: Depending on your age at the time of the offense and the nature of the offense, juvenile records might be eligible for sealing or expungement. However, certain serious offenses may have different rules.

It’s essential to research your state’s specific laws and procedures related to these types of records.

Conclusion

In conclusion, understanding the difference between expungement and background checks is vital for individuals seeking to clear their records. Expungement clinics provide the official pathway to reversing criminal records, offering a fresh legal start for those eligible. But it’s important to note that expungement may not clear your entire record. So knowing what can be removed from background checks is crucial.

To learn more about how your clinic can partner with RecordFixer, contact us today to get started!

Frequently Asked Questions

Does an Expungement Automatically remove your records from background checks?

Not necessarily. While an expungement order restricts public access to your criminal record, some background checks, particularly those used for specific purposes, might still reveal expunged records.

How to Clean Your Record after the Expungement Clinic?

After your petition is granted, ask your clinic to use their Pilot Program account to register your Order and case information into our system and you will be on your way!