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Legal Terminology

Useful Legal Terminology Related to Record Clearing

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Dissemination:

The disclosure of criminal record information to an individual, agency, or third party other than the criminal justice agency that already maintains access to the information. The dissemination, or the transmission or disclosure of criminal information, may be either written or oral.

Expungement:

A court-ordered process of legally erasing information regarding criminal charges in the eyes of the law. Although expungement, or the process of setting aside a criminal conviction, varies by state law, it typically seals criminal information from employers, apartment managers, and other citizens in a position of authority who typically run background checks when considering applications. Once a criminal arrest or conviction is expunged, the records containing the information cannot be accessed for general law enforcement or civil use.

Felony:

A felony is a crime serious enough to be punishable by death or a term in a state or federal prison. These types of crimes usually require the criminal to serve over a year in prison, whereas misdemeanors are punishable either by fines or confinement to a county or local jail. Felony crimes typically involve violence.

Misdemeanor:

A misdemeanor is a crime lesser than a felony, typically punishable by a fine, county jail time, or both. If you must serve jail time for a misdemeanor charge, you will only serve up to a year. These crimes are tried in the lowest local courts such as municipal, police, or justice courts. There are certain crimes that can be charged as either a misdemeanor or a felony depending on the circumstances. For example, drunk driving can be a misdemeanor charge if there is no injury to others, but if your DUI results in harm to others, you will likely be charged with a felony.

Vacate:

If a judge finds an order or judgment to be improper or no longer valid, he/she may vacate, or set aside the order. A judge may also vacate a person’s record if he/she feels that doing so would be in the best interest of society, even if the judgment was proper or valid. However, a motion to vacate a judgment must be based on a substantial issue. Rule 60(b) of the Federal Rules of Civil Procedure permits a federal court to relieve a party from an adverse judgment on various grounds including fraud, mistake, newly discovered evidence, and satisfaction of the judgment.

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Expunctions

5 Major Benefits of Record Expungement

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  1. You can legally and truthfully deny the arrest.

Perhaps the most rewarding part of an expungement is saying that you have never been arrested. It’s a huge relief to live your life as if the whole thing never happened. Everything is restored to the way it was before the arrest, charge, and/or conviction. This brings redemption and closure to those struggling to escape from their criminal past.

  1. You can tell employers that you have no criminal history, expanding your job opportunities.

Almost every employer will run a background check before hiring an applicant, specifically to reveal arrest records and probation status. Luckily, employers and even potential employers are not allowed to ask about an expunged conviction. Additionally, an expunged conviction cannot be used against you when deciding whether or not to hire you. Not that they’ll ever know about it, because an expunged record won’t show up on their background check. Those who have been unemployed with an unclean record will tell you that this is the most valuable benefit of an expunction.

  1. Finding a suitable home will be much easier.

Landlords routinely run background checks on prospective tenants. If they see a conviction or arrest on your record, they may deny you. And if they accept you with an unclean record, they might still consider you an imperfect resident, which may prompt them to charge you a higher rent or a sizably larger deposit.

  1. Your gun rights may be restored.

Federal law prohibits felons from owning guns, but firearm rights may be restored after an expunction. According to the Bureau of Alcohol, Tobacco, and Firearms, “Felons whose convictions have been set aside or expunged, or for which the person has been pardoned or has had civil rights restored” are not considered “convicted.” Without a conviction, there’s nothing prohibiting you from owning a gun.

  1. Your finances will be drastically improved across the board.

It may seem redundant to pay for an expungement to help ease financial burdens, but this is a sound investment in your future. Insurance rates can be affected by criminal history, meaning that your rates can significantly increase with a messy record. Certain loan rates can also be higher based on your past. Additionally, most states ban people with convictions from being eligible for funded public assistance and food stamps. Everybody is entitled to this type of help from the State, should they really need it. Having a clean record will ensure you don’t miss out on public assistance.

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