Sometimes a Person Needs a Second Chance

Most of us, at some time in our lives, have acted stupidly, irresponsibly and, in some cases, found ourselves with a criminal record. These may range from felonies associated with violence to DWI arrests to marijuana possession misdemeanors.

Depending on the crime involved and the particular laws of the jurisdiction in which the arrest took place, it may be possible to erase or expunge the criminal record. This ability to re-write the past is more important now than ever.

Within the decade, the internet has made performing routine background checks easy, quick and affordable. Business owners and landlords alike routinely use the internet to unearth public information about potential employees or tenants. In addition, the events on September 11, 2001 created a "new normal" for many larger public and private companies that may not have focused on background checks before; now these companies routinely check criminal records of potential employees or business partners in order to protect themselves from future liability.

When you seal or expunge your record, your criminal history is no longer accessible to the public, plus you can lawfully deny the existence of a prior record, under most circumstances. What are some common reasons for seeking a second chance?

Employment

First, and of great importance to many younger people stuck in a low-paying job as a pizza delivery person or an employee in a fast food store with little chance of advancement, expungement may be the first step to access to better job opportunities and increased earning capacity. Having a criminal record closes the door on a substantial majority of job opportunities. Most private and public employers run background checks on potential employees or business partners, especially in higher paying positions. Even lower paying positions require that the applicant fill out an employment application that asks if he or she has a record.

In this era of high unemployment, having a clean record is often necessary to increase one's chances of getting a decent paying job, or any job at all.

Education, Scholarships and Grants

Many colleges or vocational schools require disclosure of any criminal history. Most federal grant programs are not available to persons having an arrest, and certainly a conviction, in their background. Many public or private scholarships will not make awards to those with a criminal record. As the economy gets worse, money available for federal or state grants becomes less available and, one way to limit or deny grants and loans is to exclude those with a record. Moreover, denying grants to those with an arrest or conviction will result in little or no adverse public reaction.

Loans and Mortgages

Lessors are not required to lease to anyone with a criminal record - and many simply will not. A lender is far less likely to approve a mortgage to anyone with a record - and many simply will not. These factors limit housing availability and a chance for upward mobility. Do you want to buy a car? Having a record will either prevent the granting of an automobile loan completely or add between two and four percent to the interest rate charged.

Not all criminal records may be expunged and not everyone is eligible for this relief. While the laws of each state differ, the rules in Florida are not atypical. Expunging a record is a one-time favor; once a person has had a record expunged anywhere, he or she cannot get another opportunity. Second, the applicant cannot have been formally adjudicated guilty; the Court must have dismissed the charge, the prosecutor has decided not to prosecute, perhaps after successful completion of a pre-trial intervention program. Finally, the crime cannot be related to sexual predators or misconduct and one of a number of violent felonies.

[Florida provides, as do most jurisdictions, a program similar to expunging. A criminal record may be "sealed"; the result of that procedure is that a record search will disclose the existence of a "sealed" record but not its contents. After an extended period, expungment of a sealed record may be entertained. Thus, under limited circumstances, even a felony conviction may be "forgiven"]

The major point is that many people are afforded a chance to live life anew.

Nothing in this article is intended to provide legal advice as to a person's individual circumstances. In theory, all proceedings for sealing or expunging criminal records can be done without an attorney. The basic statute of each state is cited at http://criminal.findlaw.com/crimes/expungement/expungement-state-info.html; nonetheless, a prudent person seeking such extraordinary relief should consult with an experienced attorney in the local jurisdiction.