Federal law makes it unlawful for certain individuals to possess firearms and ammunition. These “prohibited persons” include those who have been convicted of nearly all felonies and misdemeanor crimes of domestic violence. Either type of conviction will typically result in a lifetime ban.
A felony includes any crime punishable by more than one year’s imprisonment, regardless of how much time a person actually spends behind bars. The ban covers nearly all felony convictions, whether the conviction occurs in state or federal court. A person who violates this provision is often referred to as a “felon-in-possession.”
The federal ban on firearms applies only to certain misdemeanor convictions. Misdemeanors often carry the possibility of a year or less of imprisonment as punishment. To fall under the ban, the misdemeanor must involve a crime of domestic violence committed by:
A person convicted of unlawful possession of a firearm faces up to 15 years in federal prison and a $250,000 fine.
(18 U.S.C. §§ 921, 922, 924 (2023).)
State law often overlaps with or expands on the federal ban. So, even if a conviction doesn’t trigger the federal ban, it could trigger a state law prohibition.
Some states use a definition of "misdemeanor domestic violence crimes" that's broader than the federal definition by including roommates or any family member. Other states apply the ban to any misdemeanor assault, battery, or stalking and not just those committed against someone in a domestic relationship. For instance, California law bars a person convicted of one of many specified misdemeanors from owning or possessing guns for 10 years. A lifetime ban applies to those with a felony conviction. (Cal. Penal Code §§ 29800 and following (2023).)
Penalties under these laws vary by state but are often aggravated misdemeanors or felonies.
Restoration of gun rights tends to be a tricky area. Federal law allows for the restoration of gun possession rights if the person received a pardon, had civil rights restored, or had the conviction expunged or set aside. But states can limit these federal restoration rights by placing restrictions in state law on the effect of an expungement, set aside, or pardon. And the reverse is true—it’s possible to have the right to firearms restored under state law but still be subject to the federal prohibition.
The rules on gun ownership and possession can be complex—they can also change. Restoration of gun rights is another complicated area. To learn how the law applies to your specific situation, speak with a knowledgeable criminal defense lawyer.
]]>Overall, though, there can be many advantages to sealing your juvenile records. Read on for general information about which juvenile records may be sealed, how to have them sealed, and what it means once those records are sealed.
*This article uses the terms "expunge" and "seal" interchangeably, but note that some states distinguish between expunging and sealing records.
Despite what many believe, a juvenile record can stay with you long after becoming an adult. And it might be more accessible to the public than you would think.
For the most part, no. Only a few states will automatically seal or expunge a juvenile record once the juvenile turns a certain age (usually 19 or older) or when the case is over. But, even in these states, not all juvenile records qualify for automatic expungement. It’s common for states to exclude violent felonies and sex offenses from eligibility for sealing or to require a juvenile to have a clean record for a set number of years.
Many states make juvenile records confidential and not accessible to the public—but many exceptions exist. For instance, some states allow public access to felony-level records where the juvenile could have been charged as an adult. You might also find that confidentiality has its limits. The legal definition of “confidential” in your state might restrict the general public from viewing the record but allow employers, landlords, colleges, banks, and other agencies to request access for background checks.
State sealing and expungement laws vary greatly when it comes to both adult and juvenile records. But, generally speaking, no state’s laws appear to automatically wipe clean all juvenile records based only on age and no other eligibility criteria. Most states have different rules based on case disposition, offense level, subsequent offenses, and so on.
In some states, automatic sealing might apply only to misdemeanor records or a limited list of low-level felonies. Other states might require the former offender to have a clean record for two, three, or even 10 years before their juvenile record can be sealed. Other common criteria include sealing only records where a juvenile completed diversion and had all charges dismissed or where the court dismissed the case.
With the above limitations in mind, here are a few states that allow some type of automatic sealing for eligible (but not all) juvenile records: Arkansas, Illinois, Indiana, Michigan, Nebraska, Nevada, New York, North Dakota, Ohio, Rhode Island, Texas, Virginia, and West Virginia (based on data from the Collateral Consequences Resource Center (2022)).
Unfortunately, not even the term “automatic” has the same meaning in every state. In fact, only a handful of states have a truly automated system up and running at a statewide level (and these systems might only apply to adult convictions).
More often, the law provides that the court “shall” seal the record once the case ends or a juvenile turns a certain age and has no subsequent adjudications or convictions. This “automatic” process might rely on individual judges to track and seal records in their cases or require each court’s record-keeping system to develop its own processes—both of which are prone to errors. For this reason, it’s always a good idea to check your record and see if it’s actually sealed.
If your juvenile record doesn’t qualify for automatic sealing, you might be able to ask the court to seal your record. While the process varies by state, many jurisdictions have a petition process that requires the former offender to:
Many states have simplified the petition process so individuals can complete the paperwork without a lawyer. Check the court’s website to see if instructions and the petition are available online.
Before filling out the petition, you need to find out if your record is eligible for sealing. Each state has different eligibility requirements. Below are common criteria that states use.
Age 18+. The person seeking the sealing must be an adult. In some states, this means the person making the request must be at least 18 years old.
Wait period after offense. Often, a juvenile record cannot be sealed until some period of time has passed. One state might provide that you have to wait 30 days after your 18th birthday or the end of some kind of official supervision. Another state might require that you wait three years from the date your commitment or supervision ended. (Different rules typically apply when the defendant wasn't adjudicated guilty.)
Type of juvenile offense. Some states limit the types of offenses that can be expunged from a juvenile record. Some states don't allow people to expunge juvenile traffic offenses, DUIs, or violations that would be a felony in adult criminal court.
Subsequent arrests or convictions. In many states, a judge will deny an expungement request if the person had later criminal arrests or convictions as an adult.
If the court approves the petition and seals the juvenile records, the juvenile court proceedings are treated in many respects as if they never occurred. In many states, this means you can legally say "no" if asked whether you have a criminal or juvenile record. Clearing your record can open the door to getting a job, being accepted to college, or being approved for a loan or apartment. Having a productive life with more opportunities helps many people stay away from crime.
However, it’s important to know that sealing a record won’t keep it from everyone. In certain circumstances, the expunged juvenile record may be accessible. For example, if you apply for a job with a law enforcement agency, your record might be visible to that agency when they run a background check on you. Or if your juvenile record contains a vehicle-related violation, an insurance company might be able to access a record of that offense when you apply for car insurance. And, juvenile offenses that are expunged from a record often may still be used to increase the severity of a sentence that's handed down after a later offense as a juvenile or adult.
A good place to begin the search for your juvenile record is at the clerks or records office of the juvenile court where the case was heard. Before you head there, go online to the court’s website. Some courts have detailed explanations of how to get your records sealed, starting with how to find them. You might need to call the records office to get some more information. Other agencies might also hold some of your records, such as the police department or juvenile probation. Again, head online to their websites to see what you can learn and make some phone calls.
If the process feels overwhelming, you can hire a lawyer to do the work for you. This will come at a cost, but it can be worthwhile. A lawyer will conduct a thorough search and navigate the judicial system for you. Your lawyer can also explain the precise effect of sealing or expungement in your state.
In many areas of the country, there are nonprofit organizations that focus on record sealing. They might assist you for free or provide low-cost services. Their websites are usually great sources of information. A local law school might also have clinics with law students who assist people in searching for their records, filling out paperwork, and preparing for court hearings. Try running searches for “expungement clinics,” “how to seal/expunge a criminal record,” or “second-chance organizations” in your area.
]]>Expungement refers to the process of sealing arrest, conviction, and related records from public view. Virtually every state has enacted laws that allow people to expunge arrests and convictions from their records. Though the details can vary from one state to the next, most states' laws provide that once an arrest or conviction has been expunged, it need not be disclosed, including to potential employers or landlords.
While not every conviction or person qualifies for expungement, many states are expanding expungement eligibility. So it's always worthwhile to check out your state's laws.
Most states place some limits on what offenses qualify for expungement. For example, a jurisdiction might allow expungement only for arrests and misdemeanor convictions but not for felony convictions. Some states provide a list of ineligible offenses. Common ineligible offenses include violent offenses, homicides, sex offenses, impaired driving (DUI), and bribery or fraud offenses.
Many states make expungement available only after a person finishes serving the entire sentence, including any term of probation. A state might require payment of all fines, fees, and restitution associated with the offense.
Also, check to see whether a wait period applies. Before requesting an expungement, some laws require a person to wait a certain amount of time (say 1, 5, or 10 years) after completing their sentence and remain crime free during that time.
Tip: Even if your offense falls under an ineligible category at the moment, check the law every year to see if it changed.
Expungement doesn't necessarily require hiring an attorney. Many courts have forms and instructions available online or at the courthouse. Typically, a person must fill out paperwork (such as an expungement petition), file the paperwork with the court and the prosecutor’s office, and sometimes pay a filing fee. The next step is typically a court hearing.
Each state uses its own procedures, which can vary by offense, disposition, and other factors. While many states are working to make the process easier (and even automatic in some places), it can take some time and effort to get the expungement through. If you need assistance, consider hiring an attorney or seek out a legal aid organization (some run free expungement clinics).
Not completely. Very few states actually destroy an expunged record. Typically, expunging a record means to seal it from public view, preventing prospective landlords, employers, licensing boards, and the general public from seeing the record.
Rather than destroy the record, most states make it confidential so the public can't view it, but it can be used by judges, law enforcement, and prosecutors for any future criminal charging or sentencing decisions. Certain state employers or licensing boards may also ask the court to open an expunged record when a person applies for a sensitive position, such as working in a daycare, nursing home, or criminal justice agency.
And, of course, the internet never forgets. Expungement applies only to government records. Whatever information is out there in newspapers, on social media, or in private databases will likely remain there unless you take additional efforts to address such information.
Contact an attorney if you're not comfortable going through the process of expunging your records on your own or you're just overwhelmed. Other helpful resources may be found on the court's website or on the website of a legal aid or expungement clinic. Do a quick online search or check out some of these resources:
Can a private citizen access criminal records to find out whether someone has been convicted of a crime? If the answer is yes, how?
Yes, most (but not all) criminal court records are accessible to the public.
Public access. In the United States, criminal records, like most criminal proceedings, are generally considered public. Public court proceedings are meant to hold the justice system accountable by allowing the public and media to see and report justice at work. Likewise, public access to court records helps serve this goal (although some argue public access should have its limits). But, for the most part, anyone can go to a court clerk's office (and, sometimes, on a court or state agency website) and search the files for records of conviction for a certain person.
Sealed records. An exception to the public access rules applies when convictions have been sealed by the court from public view. Most states' laws allow individuals with criminal records to ask a court to seal (or "expunge") certain convictions. The requirements for sealing a record vary widely by state. (To learn more about sealing criminal records, see Nolo's article Expungement of Criminal Records: The Basics.)
Record holders. The FBI, state criminal records offices (or central repositories), and courts keep databases on criminal history records. Generally, only government personnel (such as prosecutors and law enforcement) have complete access to these databases. But limited access may be available to the public. (Another level of access might be available for employment background checks.) Until relatively recently, if you wanted to find out if someone had a criminal record, your only method would be to visit the clerks' offices of every county in your state (and in the country, if you wanted to be really thorough). But the Internet and sophisticated data gathering changed all that.
Government records. You can still run down to the local courthouse or state criminal records office to search for criminal history records. In addition, many states place public criminal history records online. But, as noted above, only certain parts of the records are made available to the public. For conviction records, public information might include the defendant's name, list of convictions (including the offense and statutory citation), sentence (such as incarceration length or probation), and fines and fees. Information considered private (and not accessible) typically includes the defendant's social security number, medical history, and other sensitive data.
Search government records. To find criminal history records online, search for the name of the state and "criminal history records." Often, this search pulls up a bunch of websites. Look for records held by a state court (judiciary) or government agency (like a state bureau of investigations). But double-check the website you land on because it might be the website of a private search firm (discussed below), even if it looks official. Some states provide online access for free, while others charge a fee. (Physical court records should be free to review at the courthouse, but they might charge you for copies.)
Private search companies. In your search, you'll likely find a myriad of private criminal background search firms. These online websites may or may not charge a fee for criminal history searches. It's important to know how these companies work and why their information might not be reliable. These private, for-profit companies gather conviction records in multiple ways. They might go the old-fashioned route (by sending people to the courthouse to check the files), troll the Internet, or pay for batch downloads of government data. Even if the initial record information is accurate government data, these companies don't always keep the information up to date with new court orders, such as expungements, dismissals, or acquittals. Regulation of the companies and the accuracy of their information is limited and subject to abuse.
Caution! Whether you're searching a government website or a private company website (but especially the latter), know that mistakes happen and data can be inaccurate. As mentioned above, private companies don't always keep data up to date or check its accuracy. Government data can be flawed, as well. Say, a police officer arrests James Smith in New York City for drug sales. When entering the arrest record, the officer accidentally attaches the arrest to the record of another James Smith of New York City, whose only interaction with the justice system is a speeding ticket. Now, James Smith—with one traffic ticket to his name—has a drug sales arrest on his record. Another way for inaccurate data to get into the system is through identity theft. A thief steals your wallet and then robs a store. When the police ask for the thief's identification, he pulls out your driver's license. It's also possible for a person to have a record expunged, but due to a glitch in the system, the record is not sealed.
Verify accuracy. The point being: you can't always rely on what you find on a website. If you're hiring someone for a job, most states will have a process where the individual can provide fingerprints to ensure the right file is found (or not found). Do your due diligence to verify the accuracy of the record if you're relying on it.
]]>But don't despair, in many instances, a person can take several steps to lessen, if not virtually eradicate, their criminal-law footprint. It’s usually worth the effort, as a record of dealings with law enforcement can have painful effects, including when it comes to employment and housing.
Each state deals with non-conviction records differently. When it comes to uncharged arrests, a person may have options short of going to court to seal or expunge the record. Not having to go to court often saves time and money, so be sure to check out options available through government agencies. Also, know that some state laws make individuals wait a certain amount of time on an inactive arrest file (say a year) before allowing the records to be sealed.
Check with the following government agencies to see if a process exists to request the sealing, expungement, or destruction of uncharged arrest records:
(Your state might use a different name or agency than those listed in parentheses.)
In a few states, the record deleting or sealing process happens automatically. However, in the vast majority of states, the arrestee will need to make a formal request to get these records sealed, amended, or deleted.
A state might require a person to ask the court to clean up arrest records. If that's the case, the court order might direct all the other government agencies to delete or seal any records they have related to the arrest. This option can be advantageous if it means a one-stop fix.
Check the court website to see if forms are available online. Filing a court petition might cost a fee, but some states waive these fees when a petition involves a non-conviction record or the person qualifies as low income.
Many states are trying to make the process of clearing non-conviction records easier and cheaper than it's been in the past. Start with an internet search that includes the name of your state and keywords or phrases such as "record clearing," "sealing," "expunge," "arrest records," and "non-conviction." Some courts and legal services agencies have websites, forms, or other information on how to clear your record.
Even as states try to make the process easier, it doesn't always end up being the case. If you're can't make heads or tails of the process, contact a criminal defense attorney. Or if you have questions about the legal effect of the process (like what you can legally say on an employment background check), a criminal defense attorney can advise you.
Below are some additional resources that might be helpful.
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