Wiping Clean A Criminal Record

    With an estimated 26% of the US population carrying some kind of criminal past, it’s time to take a fresh look at how society might benefit from the purging of many of those criminal records and provide a second chance to millions of good citizens. Criminal record relief, while not a new concept, takes on a greater importance in this era of free-flow information and ready access background checks.
    For a small fee, often as little as $10, virtually anyone with a computer can do a background search on another individual. The results can make a difference in securing a job, renting a home, entering military service, coaching a Little League team, teaching Sunday School, or more. If you have ever been charged with an infraction, misdemeanor, or felony – even if not convicted – some public record probably exists. Once an offense is entered into the “system” by a local jurisdiction it may be sold to record resellers who parcel the information off to companies who specialize in background checks. What this means is your information, now public record, is scattered across a wide one-way path that becomes extremely difficult to keep updated.
    Relief from the burden of a criminal record is controlled by statute in the jurisdiction where the offense took place. With over 3,100 jurisdictions in our fifty states, the rules for relief vary significantly. Factors effecting eligibility such as length of the waiting period and the type of relief available are inconsistent. Typical relief includes expungement, sealing and destruction of records, conviction set-aside, and certificates of rehabilitation and/or pardon.  Most require a decision by a judge after review of the original case. For some misdemeanors, relief may occur automatically if the proper procedures are followed. A pardon requires the signature of a State’s governor while a Federal pardon must be approved by the President of the United States.
    The value to the individual with the past offense is that criminal record relief may restore him to the position he enjoyed before the offense was committed. It often allows the ex-offender to answer “no” when asked by a prospective employer if he has ever been arrested or convicted. However, most violent felonies especially those involving sexual offenses, armed robberies, and capital cases are not often approved.
    It is important to understand that criminal records serve a vital and useful purpose. Background checks provide vital red flags at a time when liability fears run high.  On-the-job violence and workplace theft are serious problems for society. Arguably, an employer should know any relevant facts about a potential new hire.  It’s not hard to guess the outcome when faced with the choice of hiring someone with no criminal record versus someone with one who is equally qualified.
    The gray area of this controversy revolves around the nature of the offense. How serious was it?  How long ago? For example, should a recently laid-off 40 year-old be refused employment because he was arrested for public intoxication while in college? At what point has the ex-offender paid his due to society and be able to move on?
    Expungement may not wipe away all traces. The Web has many sites that profile offenders. These can be nearly impossible to eradicate from the Internet. Search engines can discover news and police reports, from the past as well as the present.  It’s important to note that even if the ex-offender receives expungement or some other type of relief that is no assurance that the information will be automatically updated with any of the hundreds of criminal record data-harvesters in the United States. While most services are anxious to maintain accurate records, governance to ensure accuracy is lacking. The task falls on the individual to bird dog the system, often an overwhelming task. Fortunately, there are independent services that can assist in clearing and shredding your records.
    And remember, you do not need to be convicted and sentenced to have a criminal record. It begins at the time of arrest or citation, even if the offense is dismissed or under deferred adjudication.  Anything presented to you by law enforcement could be lingering somewhere in your public records or online.
    It’s been said the real punishment for a crime is not the sentence (fine or jail time) but the criminal record. It lingers on negatively impacting individuals trying to better their situations.  When the negative impact outweighs the severity of the offense, it’s time for the ex-offender to ask the courts for a second chance.    

Brian Poe
CEO
ClearMyRecord.com   
bpoe@clearmyrecord.com
Brian Poe is the founder of several companies focused on assisting individuals in finding their second chance. He is a recognized evangelist in the field of criminal record expungement and the placement of hard-to-hire jobseekers.