Records Removal Services | Expunge, Seal, Vacate

Frequently Asked Questions:

How long does it take to Expunge or Seal my criminal record?

In most states petitions to Expunge or Seal criminal records is reviewed and approved by a Judge in a court with competent jurisdiction. The time it will take to Expunge or Seal your criminal record, or rap sheet, largely depends on how busy the court dockets are in the state and county you where convicted.

What does Adjudication Withheld mean?

Click here for additional information about adjudicated or deferred sentencing.

What is the difference between having my criminal record Expunged and having it Sealed?

This question is answered in detail in our definitions of Expungement and Seal. Your ability to have your criminal record Expunged or Sealed is based on the laws of the state you live in. Both Expungement and a Seal will remove your criminal record from public view. However, if your record is Sealed and not Expunged, it may still be visible to law enforcement such as a district attorney, state's attorney, or attorney general to use against you in sentencing if you commit a similar offense.

Is there anything I can do to speed up this process? What if I paid extra?

No. Gathering the necessary paperwork, making the appropriate court filings and getting you on a court docket takes time. Anyone telling you they can speed up the court system is lying; watch out for this common scam.

Is this process guaranteed?

No. It is impossible to guarantee the final decision a Judge will make. That would be like asking a Divorce Attorney to guarantee you would get the house, money, car, etc. during a divorce hearing.

I was told I couldn't get something removed from my record. Is this correct?

The fact is most of the people you talk to including and especially the majority of attorneys have no experience in this area of the law for clearing up records. Why is that people ask? The fact is that this specialty of law has been ignored.

I am trying to join the military service. If I expunge my criminal record will they let me join?
Expungements almost always clear all obstacles that they presented by way of the record itself.

What is a Certificate of Eligibility?

In some states, a Certificate of Eligibility must be obtained prior to filing the motion to Expunge a criminal record. A Certificate of Eligibility does not mean that your criminal history record will be ordered sealed or expunged. It merely indicates that you are statutorily eligible for the type of relief that is being requested.

I was told by the state that the president is the only one who can expunge a federal offense. Is this true?
No. Contrary to popular belief individual states are sovereign, and not subordinate to the federal government. The President of the United States can in fact give you a pardon if you committed a federal crime, but so can most state courts and Governor's (depending on the state's constitution).

Who writes Expungement and Seal laws?

Like every other law that affects your daily life, they are written by your state Representative or Senator in your state's capital. As such, these laws are subject to change at any time.

Is an expungement the same as a pardon?
In most cases, yes. However, to expunge a criminal record and to get a pardon are two completely separate things. A pardon (also called clemency) is typically granted by a Board of Pardons or other such panel appointed by the Governor of your state. An Expungement can be granted only by a Judge. In most states a pardon carries the weight of an Expungement, or better.

If I've had my criminal record expunged and I am later placed under oath and asked about the expunged matter, am I committing perjury if I deny that it ever happened?
You would be committing perjury only if you are asked in the context of one of the exceptions to the expungement statute (different for every state). For example, if you deny it in the context of a sworn application for employment in law enforcement, you would be committing an offense. In all contexts other than the exceptions to the expungement statute, you can deny that the matter ever happened. You can deny it under oath. You would not be committing perjury or false swearing.

I was able to expunge my criminal record in New Jersey. Now I am seeking licensure in California to be a teacher. California requires that all past offenses be divulged, even if they have been expunged. Must I divulge it?
No authoritative answer to this question exists. On the one hand, Article IV, Section 1, of the United States Constitution requires states to afford “full faith and credit” to decisions of courts of other states. This Constitutional requirement is implemented by 28 U.S.C. Section 1738. An expungement of a New Jersey offense is a decision of a New Jersey court. Thus it would seem that other states would be required to recognize the expungement and consider the matter the same as it would be considered in New Jersey.

It does not always work that way, however, in practice. Applications for professional licenses of some states require that prior criminal matters be divulged, even if those matters were expunged in the state in which they arose. These requirements are specified in the statutes of those other states. Thus, for example, Florida Statutes 943.0585 and 943.059 require applicants to disclose prior expunged matters. Similarly, Section 44009 of the California Education Code considers prior criminal convictions regardless of the subsequent history of those offenses. The California Commission on Teacher Credentialing specifically requires information concerning past convictions, even if those convictions were expunged.

The United States Supreme Court has never ruled on whether such practices violate the Full Faith and Credit Clause. One United States Court of Appeals did hold, however, that such practices are legal. White v. Thomas, 660 F.2d 680, 685 (5th Cir., 1981), held that Texas requiring information concerning an out-of-state matter that was expunged does not violate Full Faith and Credit because Texas is not required to conform its practices to the law of other states. The issue has been resolved only in the Fifth Circuit.

Expungement lawyers in New Jersey believe that the reasoning in the White v. Thomas decision is ridiculous. However, barring an authoritative decision in any particular location, the safer course might be to divulge the prior criminal history, even though expunged in New Jersey.

What does "nole contendere mean? Can this be removed from my record?

Nolo contendere, in criminal trials, in some common law jurisdictions, is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. Its literal translation from Latin means, "I do not want to contend," and is also referred to as a plea of no contest, to stand mute, or, more informally, a nolo plea. Nolo contendere, while not technically a guilty plea, has the same effect as a guilty plea, and is often offered as a part of a plea bargain.

A plea of nolo contendere in many jurisdictions is not a right, and carries various restrictions on its use. In the United States, state law determines whether, and under what circumstances a defendant may plead no contest.

A conviction arising from a nolo plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea, and can be considered as an aggravating factor in future criminal actions. However, unlike a guilty plea, a defendant may not be required to allocute the charges, and the conviction may be used to establish neither negligence per se, malice, nor whether the acts were committed at all, in later civil proceedings related to the same set of facts as the criminal prosecution.

In some jurisdictions, such as the states of Georgia and Texas, the right to appeal the results of a plea bargain taken from a plea of nolo contendere is highly restricted.

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