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Frequently Asked Questions
Expungement
There is no expungement for violent and serious felonies. Expungement can take place if charges are dismissed, withdrawn or acquitted. Most convictions cannot be expunged unless they are overturned or dismissed. Most arrest records and court records can be expunged if found not guilty, or case is dismissed.
While you may truthfully testify under oath that you have never been convicted of a crime when your record has in fact been expunged, the government still maintains evidence of your conviction and may use it against you in the narrow and specific circumstances allowed by state law, such as the situations described .
The fingerprints remain in the database, but the record of the arrest or conviction will be removed if the state properly reports the expungement to the FBI. If a certified or authenticated copy of a court ordered expungement is submitted to the FBI
The general public will have no idea that you were ever arrested, or even charged. When a record is sealed, the Clerk of Courts is under a court order to not disclose the contents of your file to anyone. This means that if arrested, these police agencies will have access to your sealed or expunged record.
Juvenile criminal court records remain accessible unless the individual petitions to have them sealed.You can consult a criminal defense lawyer in India to know how an individual can file a petition in India to get the criminal records erased or expunged.