What is Expungement?
Expungement, also known as Criminal Expungement, is a legal instrument that can be granted to individuals convicted of certain crimes, which allows the conviction in question to be removed from their respective criminal record. Expungement can be beneficial to rehabilitated individuals concerned with the potential negative effect that any past criminal indiscretions may have on future opportunities and circumstances both personal and professional in nature. However, not only do the legal statutes associated with Criminal Expungement vary on the nature of the criminal conviction, but also the location in which the crime had taken place. While some criminal convictions can be easily Expunged, other crimes are impervious to Criminal Expungement.
Expungement Offense Profile
Legal Jurisdiction: Criminal Law; Expungement can be associated with virtually any type of crime
Type of Crime: Misdemeanor or Felony – varies upon the nature of the crime
Criminal Code: Varies upon the location of the crime, including the applicable country, nation, state, or province
Range of Punishment(s): Fines, probation, associated penalties, or incarceration – varies upon case details
Applicable Punishment(s): Varies upon individual intent, criminal record, criminal history, and the victim(s) involved. Typically, the severity or the crime in tandem with applicable, locational legislature will illustrate the likelihood and applicable legality with regard to a request for Criminal Expungement. Juvenile misdemeanors retain high probabilities of Expungement, while aggravated sex crimes do not.
Expungement Allegations: Terminology and Associated Offenses
The following are commonly associated with charges of Expungement:
Criminal Record: An individual, legal instrument in the form of a report that provides details with regard to any or all criminal history and record belonging to an individual.
Juvenile Crime: A juvenile crime is defined as a crime committed by an individual classified as a legal minor, or an individual lacking legal status of consensual adulthood. Depending on the nature of the crime in question, juvenile crimes are some of the most common crimes to be approved for Expungement.
Misdemeanor: A crime in which the typical duration of punitive incarceration is not to exceed one year. Misdemeanors are more apt for Expungement than felonies.
Felony: A crime in which the typical duration of punitive incarceration exceeds one year. Other legal definitions express that in the event that a crime in not a misdemeanor, it can be classified as a felonious criminal act or felony.
Rehabilitation: Implicit reshaping, modification, and improvement with regard to behavior presumed to be harmful, damaging, dangerous, or illegal.