- As cited on "Your Lawyer: A User's Guide" (Lexis-Nexis)
http://criminal.lawyers.com/Criminal-Law--Expungement-FAQ.html
Q: What is expungement?
A: Expungement is often equated to the sealing or destroying of legal records. Each state offers its own definition of expungement, based on different rules and laws. Generally, expungement can be viewed as the process to "remove from general review" the records pertaining to a case. But the records may not completely "disappear" and may still be available to law enforcement.
Q: What can be expunged?
A: Generally, all records on file within any court, detention or
correctional facility, law enforcement or criminal justice agency
concerning a person's detection, apprehension, arrest, detention, trial
or disposition of an offense within the criminal justice system can be
expunged. Each state sets its own guidelines for what records can be
expunged.
Q: Are juvenile records expunged?
A: Most states have laws that allow, or possibly even require, the
expungement of juvenile records once the juvenile reaches a certain
age. In some cases, the records are destroyed; sometimes they are
simply "sealed." The purpose of these laws is to allow a minor who has
committed criminal acts, or in the language of the juvenile courts,
delinquent acts, to erase his record permanently, usually at the age
of 17 or 18. The idea is to allow the juvenile offender to enter
adulthood with a "clean slate," shielding him from the negative effects
of having a criminal record.
Q: Who can get their court record expunged?
A: Eligibility for an expungement of arrest, investigation, or
detention record will be based on state law. Often a number of
conditions must be met before the request will be considered, including:
* A minimum length of time has passed since arrest
* There have been no intervening arrests
* The proceedings were dismissed
* Acquittal
* Discharge without conviction and no charges were refiled
* Release without formal charges being filed
* Any juvenile records have been expunged
Q: Can an expungment be denied?
A: Yes. Each state sets its own standards. Some factors which may contribute to a denial include:
* Time period required by law has not been met. This time period
often does not begin until all confinement and probation has been
completed and fines are paid.
* Additional convictions exists
* A previous expungement exits
* Pending arrest(s)
* Conviction of a sexual offense
* Registered sex offender
* Court records indicate that the case is still open.
Q: If my record is expunged, do I have to ever have to acknowledge the case again?
A: With limited exception, you may thereafter truthfully state that you
were never arrested, charged, or accused of a crime. In the eyes of the
law, the entire incident never occurred. In most respects, a sealing or
expungement restores you to the status you occupied before being
arrested or charged.
You should be aware that the federal government need not honor the
expungement, nor does an expungement of a conviction necessarily
relieve a person from having to disclose it in an application for
public office or on some professional license applications.
Q: Can previously sealed records ever be unsealed?
A: Possibly. Previously sealed records can be unsealed in some states under specified conditions.
Q: Are records ever "automatically" expunged?
A: Arrest and conviction records arent automatically expunged or
sealed after a period of years. Individuals seeking expungement
generally have to apply (in writing) and follow the established
procedure.
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Record Expungment 
