More Advice for Ex-offenders Looking for Jobs: Cleaning up Your Criminal Record

A criminal record is not the end of the world. There are legal ways to have criminal convictions removed from your record.

Expungement

You should know what is in your criminal record. There may be false or erroneous information included that could damage your chances to get a job. You can have false information permanently removed from your record. In some cases certain charges can be officially and formally erased from your record. This process is called “expungement.” In some cases, felony convictions can be downgraded to misdemeanors making them easier to work with.

Sealing of Records

Some cases may even be legally “sealed” and can only be examined by order of the court. To seal a criminal record means that a court clerk is ordered by a judge to hide a court record from public view. Originally records were actually placed in an envelope which was secured with a wax seal. The records are not destroyed because under certain circumstances, a court can order that sealed records be reopened. Generally, the effect of sealing is the court acts as if the information in the record never existed. Once records have been sealed, the offense shall be deemed never to have occurred. There are no exceptions to this type of sealing; offenses are treated as though they never happened. Once a criminal record is sealed, all of the proceedings in it are treated as if they never occurred. Persons may then properly and lawfully answer any questions about the arrest, acquittal, conviction etc., as if they never happened. For example, it is OK in a job interview or even under oath to deny a sealed conviction.

Certificate of Rehabilitation

A Certificate of Rehabilitation is a court order, which declares that a person who has been convicted of a crime is rehabilitated.  If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the Governor by the granting court and constitutes an application for a pardon.  (In some cases the granting of a Certificate of Rehabilitation relieves some offenders from the sexual offender registration requirement.) This information is not intended as legal advice.  You should consult a qualified professional that is experienced in this field. There are organizations in your community that offer free or low cost legal services that can help with these processes.  These organizations may also have relationships with employers who are willing to hire ex-offenders.  Check your local telephone directory or ask your probation or parole officer to help you locate these organizations.