Expungement - United States

United States

In the United States, criminal records may be expunged, though laws vary by state. Many types of offenses may be expunged, ranging from parking fines to felonies. In general, once sealed or expunged, all records of an arrest and/or subsequent court case are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.

However, when applying for a state professional license or job that is considered a public office or high security (such as security guard, law enforcement, or related to national security), you must confess that you have an expunged conviction or else be denied clearance by the DOJ. There is no post-conviction relief available in the federal system, other than a presidential pardon.

Congressman Charles B. Rangel proposed the Second Chance Act in 2007, 2009, and 2011, which was intended to " the federal criminal code to allow an individual to file a petition for expungement of a record of conviction for a nonviolent criminal offense".

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