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Expunction
Expunction is the process allowed in some states through which a person convicted of certain crimes can get the record of their conviction cleared.
There is no constitutional right to have an expunction of a criminal record, so when it is allowed, there are often many conditions and qualifications. In the states that allow it, expunction is treated as a privilege, usually conditioned on a showing that the convict has effectively reentered society, and has been rehabilitated. That said, expunction is allowed in some form in most U.S. states.
In the states that allow expunction, some will grant it as a matter of course when a certain amount of time has passed after the person has been convicted, and carried out his or her sentence.
In almost every state that provides expunction of records, the scope is limited. It usually is not available for convictions involving very serious, violent crimes. Furthermore, if the conviction requires someone to register as a sex offender, expunction of the conviction (if it is available) will usually not affect that requirement.
Generally, if a conviction has been expunged, a person can legally deny its existence in almost any situation. If a prospective employer asks if a person has ever been convicted of a crime, and the conviction has been expunged, the applicant can legally say that he or she has never been convicted of a crime. There are sometimes exceptions for jobs with certain responsibilities (caring for children, government jobs, etc.).
Expunction also sometimes applies when the person is testifying in court. Usually, a person does not have to acknowledge an expunged conviction, even under oath. In some states, they may be required to state that the conviction exists, but has been expunged, without going into any more detail than that.
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