What Crimes Can Be Expunged? A Comprehensive Guide

Expungement is a legal process that allows individuals to erase or seal their criminal records, answering the question of what crimes can be expunged, making them inaccessible to the public. This process offers a second chance to those who have rehabilitated and wish to move forward without the burden of past mistakes. However, not all crimes are eligible for expungement. The laws regarding expungement vary by jurisdiction, and eligibility depends on factors such as the severity of the crime, time elapsed, and the individual’s criminal history.

In this article, we will explore what crimes can be expunged, how the process works, and the impact expungement can have on an individual’s life.

What Is Expungement?

Expungement is a legal remedy that allows a person to remove certain criminal records from public access. Once a record is expunged, it is as if the offense never occurred, meaning that employers, landlords, and other entities conducting background checks will not see it. However, in some cases, law enforcement and government agencies may still access expunged records.

The process for expungement differs by state or country, and specific criteria must be met for a record to be eligible.

Crimes That Can Be Expunged

Not all crimes qualify for expungement, but many non-violent and lesser offenses are eligible. Below is a list of crimes that may be expunged, depending on jurisdiction:

1. Misdemeanors

Misdemeanors are minor criminal offenses that often qualify for expungement. Common misdemeanors that can be expunged include:

• Petty Theft – Minor theft crimes, such as shoplifting small items, are often eligible.
• Public Intoxication – Many states allow the expungement of public intoxication charges.
• Disorderly Conduct – Charges related to disruptive behavior in public places may qualify.
• Vandalism – Small-scale property damage offenses may be removed from records.
• Trespassing – Unlawful entry onto someone’s property may be expunged.
• Simple Assault – In some cases, non-aggravated assault without a weapon can be cleared.
• Minor Drug Offenses – Possession of small amounts of marijuana or other controlled substances can sometimes be expunged.
• Prostitution (First Offense) – Many jurisdictions allow first-time offenders to clear prostitution charges.

2. Juvenile Crimes

Juvenile offenders often have more opportunities for expungement since the legal system prioritizes rehabilitation over punishment. Many crimes committed before the age of 18 can be expunged, including:

• Underage Drinking – Many states allow the removal of alcohol-related offenses committed by minors.
• Minor Theft or Shoplifting – Theft charges from when a person was underage can often be cleared.
• Non-Violent Drug Offenses – Possession of small amounts of controlled substances as a juvenile may qualify.
• Truancy and Curfew Violations – These offenses are often automatically sealed or expunged once the juvenile reaches adulthood.
• Vandalism or Property Damage – Many jurisdictions allow minor property-related offenses to be removed.

3. Non-Violent Felonies

While felony expungement is more challenging than misdemeanor expungement, some non-violent felonies may qualify:

• Drug Possession (Non-Trafficking) – Many states have introduced laws to expunge certain drug-related convictions.
• White-Collar Crimes (Minor Fraud or Embezzlement) – Non-violent financial crimes with no extensive damage may be considered for expungement.
• Burglary (First Offense, Non-Violent) – Some jurisdictions allow first-time burglary convictions to be cleared if the crime did not involve violence.
• Forgery – Some cases of forgery, particularly non-repetitive ones, may be expunged.
• Grand Theft (Depending on State Law) – Some jurisdictions allow for expungement of grand theft under specific conditions.

4. DUI and Traffic Offenses

Expungement eligibility for DUI and traffic-related crimes varies widely by state:

• First-Time DUI (Non-Injury Cases) – Some states allow first-time DUI convictions to be expunged after a certain period.
• Reckless Driving – If the charge is not severe, it may qualify for expungement.
• Driving Without a License – Many states allow individuals to remove this charge if they later obtain a valid license.
• Hit-and-Run (No Injury) – Some jurisdictions allow expungement of non-injury hit-and-run charges.

Crimes That Cannot Be Expunged

While many crimes can be expunged, certain offenses are generally ineligible due to their severity. These include:

• Violent Crimes – Crimes involving bodily harm, such as murder, manslaughter, aggravated assault, and kidnapping, are usually not expungable.
• Sexual Offenses – Rape, sexual assault, and crimes involving minors are rarely eligible for expungement.
• Serious Drug Trafficking Crimes – Large-scale drug distribution and manufacturing charges are often ineligible.
• Terrorism and Human Trafficking – These crimes are almost never eligible for expungement.
• Child Abuse and Domestic Violence – Many states prohibit expungement of these offenses.

Factors That Affect Expungement Eligibility

Even if a crime qualifies for expungement, several factors influence the decision:

• Time Passed Since Conviction – Many states require a waiting period before applying for expungement.
• Completion of Sentence – Fulfilling all legal obligations, such as fines, community service, and probation, is typically necessary.
• No Repeat Offenses – Having multiple offenses may reduce eligibility for expungement.
• Jurisdiction-Specific Laws – Expungement laws vary, so it is essential to check state-specific regulations.

The Expungement Process

1. Determine Eligibility – Research state laws or consult an attorney to check if a record qualifies.
2. Gather Documents – Obtain court records, proof of sentence completion, and other necessary documents.
3. File a Petition – Submit an expungement request to the court where the conviction occurred.
4. Attend a Hearing – Some cases require a court appearance where a judge decides on the expungement request.
5. Receive a Decision – If approved, the record will be sealed or erased from public access.

Benefits of Expungement

• Better Employment Opportunities – Employers conducting background checks will not see expunged records.
• Improved Housing Prospects – Landlords often deny applications based on criminal history.
• Restoration of Rights – In some cases, expungement restores voting and firearm rights.
• Peace of Mind – Having a clean record allows individuals to move forward without stigma.

Conclusion

Expungement offers a vital opportunity for individuals to leave past mistakes behind and embrace a brighter future. While not all crimes are eligible, many non-violent offenses, misdemeanors, and juvenile records can be erased under the right conditions. Understanding the process and eligibility criteria is crucial for those seeking to clear their records and regain opportunities in life.

If you are considering expungement, consult an attorney or check local laws to determine your eligibility and navigate the process effectively.