Is It Possible to Remove Criminal Convictions From Your Record?

When I was in college, I received a minor in possession of alcohol citation. It was a simple misdemeanor, punished by a maximum of 90 days in jail and a $500 fine. I was lucky enough to enter into a deal with the prosecutor whereby the case was dismissed if I stayed out of trouble for a specific amount of time. I stayed out of trouble, and the case was dismissed. But some people aren't so lucky. Some people have to live with one mistake following them around forever. Or do they?

In most states it is possible to get at least one conviction removed from your record. Some places call this expungement of criminal records, some call it vacation of criminal records, but whatever it's called, the bottom line is if you are able to successfully go through the process you are no longer required to answer yes when asked if you've been convicted of a crime in the past.

Though some states expunge, and some vacate, there is a difference between the two that is important to note. Expungement, by definition, is physically deleting the conviction from any and all records that exist. On the computer they hit the delete button. The physical file is shredded. The case is truly taken away with an expungement.

Vacation, on the other hand, is not the physical destruction of the criminal record. Vacating criminal records is the process of taking away the conviction of record without destroying the file. Traditionally if a conviction is vacated it is subsequently sealed so that no one can have access to the file without a court order. Many states used vacation over expungement because it allows the court to review the case file if it is ever needed.

If you think you qualify for an expungement or vacation, you need to locate an expungement lawyer to help you out. The process is complicated, including even determining eligibility. To make sure you qualify, and before spending a bunch of money to go through the process, it's important to make sure you are even eligible. If you are, though, it may be a good idea.