| If you meet certain criteria as established by the | | | | the same as "Non-disclosure" in a bordering jurisdiction. |
| jurisdiction in which you live you may be eligible to | | | | Here's the lesson: if you want to know exactly what |
| erase or hide your criminal background. | | | | these words mean in a particular state you must look |
| Different jurisdictions use different words to describe | | | | to the specific statutory definition of the word in that |
| roughly the same legal remedy. That is, a mechanism | | | | jurisdiction. |
| by which you can erase, or at least tidy up, your | | | | There may even be a problem with that, however. |
| criminal background. The words most often seen to | | | | There is a possibility that the legislature of that |
| describe this in state law are: "Expungement" | | | | jurisdiction did not define the word. In this event, the |
| "Expunction" "Sealing" and "Non-Disclosure." I have | | | | next step is to find case law (law as it relates to a |
| placed these words in rank order according to how | | | | particular fact pattern written by judges) defining it. |
| often I see them used. | | | | Many times case law will define what the words mean |
| The words "Expungement" and "Expunction" according | | | | in that particular state. |
| to Black's legal dictionary mean roughly the same thing: | | | | So why is all of this important? |
| "To destroy; blot out; obliterate; erase; efface | | | | Remedies (the legal way to clean up a criminal record), |
| designedly; strike out wholly. The act of physically | | | | procedures and effects of those remedies will vary |
| destroying information - including criminal records - in | | | | from jurisdiction to jurisdiction and the foundations of |
| files, computers, or other depositories." | | | | these differences are based on the definition used in a |
| Black's legal dictionary provides that the "sealing" of | | | | particular state. In other words, you don't know what a |
| criminal records on the other hand refers to: "statutes | | | | remedy provides until you first know the definition of |
| in some states that permit a persons criminal record to | | | | the remedy. |
| be sealed and thereafter such records cannot be | | | | For example, some jurisdictions will with a valid |
| examined except by court order or by designated | | | | expungement order deem the criminal arrest to have |
| officials. Such statutes commonly refer to juvenile | | | | never happened . Others will use the expungement |
| offenders." | | | | order to mean that the arrest will not be publicly |
| "Non-disclosure" as is applied to criminal records refers | | | | disclosed but that other law enforcement officials can |
| to a court order directing that criminal records NOT be | | | | still find it and use it e.g. to show a prior conviction, etc.. |
| disclosed except by further court order. | | | | Thus, don't assume the meaning of the word or the |
| While each of these words has a "dictionary" meaning, | | | | ramifications of the remedy until you first research |
| that does not necessarily mean that they carry that | | | | what they are in your jurisdiction. Armed with that |
| meaning in your jurisdiction. That is to say, different | | | | knowledge you'll be better able to make an informed |
| states may define the same words differently. This | | | | decision in dealing with your criminal record. |
| means that "expungement" in your state could mean | | | | |