What does expunge do?
Asked by: Talon Rosenbaum | Last update: January 3, 2026Score: 4.5/5 (63 votes)
An expungement removes all traces of a criminal record, but not everyone is eligible for one. You must usually finish serving your sentence and probation period for the crime before it is eligible for expungement. An expungement is not the same as sealing court records.
What crimes cannot be expunged in Utah?
- a capital felony, first degree felony or "violent felony" (defined in Utah Code 76-3-203.5(1)(c)(i))
- felony automobile homicide.
- felony DUI (under Utah Code Section 41-6a-501(2))
- a registerable sex offense (under Utah Code Section 77-41-102(17)) or.
How long does expungement take in Indiana?
It typically takes a few months to expunge a record in Indiana. Once you file your petition to expunge, the prosecutor has 30 days to object. If the prosecutor objects, or if the court believes it needs to take evidence before ruling on the request, it will schedule a hearing no less than 60 days after you file.
Does your criminal record clear after 7 years in the USA?
In the United States, information relating to arrests, charges, and criminal convictions stays on the record indefinitely by default and is accessible to those with the correct authorization. In some states, however, criminal records can be sealed or expunged in certain circumstances.
Will an expunged record show up on a federal background check?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
How Long Does an Expungement Take?
What agencies can see expunged records?
- Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
- Human service agencies (social work positions, probation officer positions, counselors)
- Department of Education (working in a public school)
What crimes can be expunged in the US?
- juvenile offenses,
- charges that were dropped or dismissed,
- arrest records,
- infractions,
- non-violent crimes, and.
- low-level misdemeanors.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
What is the 7 year look back rule?
The FCRA's seven-year rule restricts the reporting of certain types of information for jobs paying less than a minimum salary threshold. Additionally, several states have seven-year restrictions on reporting criminal convictions.
What cannot be expunged in Indiana?
- Sex or violent offenders under Indiana Code § 11-8-8-5.
- Official misconduct under Indiana Code § 35-44.1-1-1.
- Convictions for two or more offenses involving the use of a deadly weapon that were not committed as part of the same episode of criminal conduct.
- Homicide.
How much does expungement cost in Indiana?
In Indiana, the average cost of expunging a criminal record ranges anywhere from $250 to $1,000 or more. This fee covers the cost of filing petition papers, obtaining court orders and other necessary paperwork fees.
How do I know if my case was expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed. You can visit the courthouse in person, call them, or use an online search or contact tool (if available).
Can a judge see an expunged record?
If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.
Can all felonies be expunged?
In short, almost ALL of them! Absent special enumerated statutes that prevent you from filing for a set aside petition, even felonies and strikes are eligible. 2024 Update: For those with convictions after January 1, 2005, some limitations have been placed on expungements that would have been fast-tracked.
What is the 7 year rule?
The 7 year rule
No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.
Does your criminal record clear after 7 years?
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.
How far back do background checks go in Indiana?
Employers who are partnering with a CRA for background screenings must comply with the Fair Credit Reporting Act (FCRA), a federal law that restricts any non-conviction information reported by a CRA to a 7-year lookback period. This includes any arrests, tax liens, and civil judgments.
Do felony charges ever go away?
Dismissed felony charges can usually be sealed or expunged right away. In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.
What does expunge mean in court?
To expunge means to destroy, obliterate, or strike out records or information in files, computers, and other depositories. A well-known example of this is the expungement of criminal records . The majority of states allow people to have their criminal records expunged, depending on the laws within the jurisdiction .
What states have a clean slate law?
Currently, 12 states have enacted some form of Clean Slate Law: California, Colorado, Connecticut, Delaware , Michigan, Minnesota, New Jersey, New York, Pennsylvania, Oklahoma, Utah and Virginia. Advocacy groups are lobbying to add the remaining states.
Can you pass a level 2 background check with a felony?
Potentially disqualifying offenses for a Level 2 background check include serious criminal convictions such as violent crimes like murder, assault, and kidnapping; sexual offenses like sexual assault and child molestation; and major drug-related crimes such as drug trafficking and drug manufacturing.
How to find out if your criminal record has been expunged?
The easiest way to check if your criminal record has been expunged is to visit the court where your case was handled and ask to see the records. If the court tells you they don't have your records, it means they were expunged.
How far back does a FBI background check go?
Criminal background checks typically go back 7 to 10 years, but this can vary based on state laws and the type of job. For instance: In states like California, criminal background checks go back seven years.