Frequently Asked Questions About Expungement

Expungement is the process of clearing one’s criminal record. This can have a number of benefits for people as they seek new jobs, apply for college or run for public office.

The following are a few questions we commonly receive about the process:

Q: Will my juvenile records be expunged?

In most states, juvenile records may be expunged once the juvenile in question has reached a specific age. In some cases the records are permanently destroyed, and in others they are “sealed.” Check the laws in your area to find out whether this process occurs automatically or if you need to file for an expungement yourself.

Q: Can expungements be denied?

Yes. Common factors leading to denial of expungement include any additional convictions or pending arrests, previous expungements, conviction of a sexual offense, being registered as a sex offender or court records indicating the case with the crime in question is still open.

Q: Will adult convictions automatically be expunged?

No. In almost every case, you must file a written expungement application in court and then follow the outlined rules and regulations for that expungement to move forward.

Q: Will I have to admit to having a criminal record after records are expunged? 

It depends on how your state’s expungement statute is written.

Q: What offenses can I expunge?

It depends on how your state’s expungement statute is written.

For more information on expungements, contact the trusted Berks County criminal defense lawyer David R. Eshelman.