Expungement of a criminal record is a great thing when a person has only a minor crime on record. Of course, there are plenty of things that can disqualify you from record expungement. The majority of states will not wipe a record clean if there are certain types of crimes on that person’s record. Being convicted of such crimes will end up staying on record for the rest of someone’s life. Therefore, here are some crimes that are almost never eligible for expungement.
More than likely, your record won’t be eligible for expungement if you have been convicted of a crime multiple times. That might seem a little unfair, but that’s how most states work. In fact, you can have one incident result in various convictions that will automatically disqualify you from having your record cleared. Multiple convictions in one or more cases can be extremely problematic for individuals because that means their records will stand forever. Still, some states may allow multiple convictions from a single case to be tossed, but laws vary from state to state. Normally, you are out of luck.
Any crime involving sexual assault or sexual batter or something similar cannot be removed from a person’s criminal record. No state is going to clear your record if a conviction for a sex crime exists. On top of that, sex crimes will normally disqualify you from obtaining many different jobs. Sex crimes involving children are even worse and can’t be tossed either. The fact of the matter is that you probably won’t be able to get your record expunged in any state if you have been convicted of any sexual crime.
Murder or Manslaughter
Sure, it might seem obvious, but you cannot get a conviction for murder or manslaughter expunged from your record. That includes sealing the record, which just hides it from the public. Most people wouldn’t think they could get such a conviction dropped though, so this isn’t much of a surprise to the majority of people. Also, such crimes are usually violent felonies, which states disqualify from expungement.
Almost no state is going to drop a violent crime from a person’s record, such as aggravated assault or aggravated battery. This usually includes both misdemeanor and felony crimes, but it varies with each state. So then, you should give up any ideas of having most violent crimes taken off of a criminal record. Once again, this is one of the more obvious items that should be kept on a person’s record.
Crimes Involving Children
For the most part, crimes that involve children will stay on a person’s record. Crimes of a sexual nature especially can’t be removed. For instance, child pornography convictions and sexual assault convictions are going to be on a person’s record for life. No state will drop a person’s record if it involves a child, whether the crime is sexual in nature or not.
Expunging a record does have its benefits!
For instance, you can expunge most minor crimes like trespassing or disorderly conduct if the proper amount of time has lapsed since the crime. Record expungement can help you get the job that you want because you won’t have to tell employers that you were ever convicted of a crime. In fact, your record won’t legally exist if it gets expunged completely. The process is designed to benefit people who have committed very minor crimes because nobody deserves to have small crimes held against them for a lifetime.
For more information, visit Criminal Law: Expungement FAQs.