In the common law legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public.
Additionally, for certain employment occupations (e.g. education or child services), a "full disclosure" check is required, and spent convictions are still visible.
In June 2018, the Parliament of Canada enacted the Expungement of Historically Unjust Convictions Act, in order to further promote LGBT rights and cancel out certain criminal laws that were once effective.
As of September 2020, there is currently a case pending with the Court which aims at the ruling that permanent keeping of the records is excessive.
In summary, the new law says that those convicted of a minor offense, determined by the type of sentence imposed, 10 or more years ago, qualify for the expungement of their criminal record.
Offences punished by less than five years' imprisonment become spent after a period of time depending on the severity of the sentence; they remain on the offender's criminal record, but are not revealed in basic criminal record checks by the Disclosure and Barring Service (DRB) or Disclosure Scotland, are inadmissible as evidence in certain circumstances, and in most cases may not be used as a reason to refuse or terminate insurance or employment.
In the data retention model of the Police National Computer, arrests which do not lead to a finding of guilt "step down" as soon as the relevant decision is made (typically a "not guilty" verdict or a dismissal of charges) and become visible to law enforcement only.
Records of cautions and minor convictions do not step down and remain on the PNC and on enhanced DRB checks until the offender's 100th birthday.
[4] Clause 96 confirms the effect of a successful application would ensure the person is considered as having not committed, nor been charged, prosecuted or convicted of a homosexual act.
The idea is to allow the juvenile offender to enter adulthood with a "clean slate," shielding him or her from the negative effects of having a criminal record.
[7] Procedures for obtaining an expungement are different in each state, but tend to follow a similar process: There is no post-conviction relief available in the federal system, other than a presidential pardon.
[citation needed] In some jurisdictions, all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system can be expunged.
Federal laws deprive individuals with felony and domestic violence offenses of their firearm rights.
[10] In order for one to qualify for expungement, the petitioner must have completed probation, paid all fines and restitution, and not currently be charged with a crime.
For persons who serve sentences in the state prison system (felons), they must apply to the Superior Court for a Certificate of Rehabilitation (CR).
After they meet all requirements and receive a CR, certain rights of theirs are restored[12] and a request for a pardon is automatically sent to the governor.
To qualify, the person must have completed probation, satisfied all financial obligations, not currently be facing charges or court supervision, and not have been sentenced to prison or parole.