In the United States today, most criminal records are digital and permanent unless you go through a legal proceeding to seal or expunge them. These record-clearing proceedings help hide or remove criminal records from public view. States offer different solutions that can completely remove a record or reduce its severity. For anyone looking to move on from past mistakes, record clearing is a big step towards improving opportunities and reducing stigma.
What is Record Clearance?
Record clearance is an umbrella term that refers to a set of legal procedures that can erase, hide, limit access, or reduce the impact of a criminal charge on someone’s record. Whether you are eligible to clear your record depends on state law. Each state has its own processes and criteria people have to meet in order to clear their records. Not all records can be cleared, and which ones are eligible for clearance differs from state to state. However, in general, capital crimes, particularly violent crimes, registerable offenses, and other serious charges are not eligible for record clearance. The results of clearing a record can range from the complete erasure of the record to changing the verdict or severity, depending on what remedies are available in each state.
Record Clearance Types and Options
Each state handles record clearance differently. Understanding your options is the first step toward clearing your record and taking control of your future. Click here for more information on the process in Utah, and click here for Arizona information. You can also visit the Collateral Consequences Resource Center, which includes information on the remedies available in other states.
Types of Record Clearance
While it may sound simple to clear a criminal record, many states have laws that involve complex steps, including certificates of eligibility, paperwork, providing notice to impacted parties, and communication between agencies.
Common terms for record clearance include:
- Expungement: The record is totally destroyed or otherwise hidden from public view.
- Sealing: Maintains the record but hides it from background checks and public access.
- Vacating: Keeps the criminal record but undoes the conviction, limiting its impact (also known as "Set-aside").
Each of these methods makes a record harder or impossible to access, though states interpret terms differently and grant varying levels of access. Click here to learn how the remedies work in Arizona & Utah.
Options for Clearing Your Record
Figuring out how to clear your criminal record can be overwhelming. Here are the three main options:
- Hire a law firm: Traditional law firms normally charge between $1,500 and $2,000 per case to help you clear your record.
- Do it Yourself: This saves money but can be time-consuming and difficult for people. Research shows 75% of people who try to do it themselves fail to complete the process, even after spending a lot of time trying to navigate it.
- Use Rasa’s Services: Rasa offers affordable tools and services to determine your eligibility and clear your record. We offer transparent, flat-rate legal services to clear records starting at just $250 per case. Currently, our services are only available for records in Utah and Arizona. However, we are expanding to more states. Sign up here to be notified when we expand to your state.
What You Can and Cannot Clear
Eligibility for clearing crimes varies by state. Your history, the types of crimes committed, and the state where your record exists affect how easily you can clear a record. Consider these general guidelines:
You Usually Cannot Clear a Record if:
- You were found guilty of a particularly violent crime
- You are required to register as a sex offender
- Your case is currently open
- You are on probation or parole
- You owe fines, fees, or restitution
You Can Often Clear a Record When
- You have no open or pending cases
- You have completed your sentence, including paying any fines, fees, or restitution
- You have stayed out of ‘the system’ and have been off probation or parole for at least 3-5 years
- You have the type of record that is eligible for expungement
Use our eligibility tool to check what is on your record and if it is eligible for clearance in under 3 minutes.
Tangible Benefits
Record clearance transforms lives in many ways. A clear record improves access to housing, employment, and other opportunities. Clean Slate Clearing House offers a lot of resources that show how clearing a record enhances lives. Some of the main benefits are:
- Employment: Clearing records helps you pass background checks, secure new jobs, earn promotions, and maintain job security.
- Housing: Landlords are more likely to approve an application when background checks show no criminal history
- Civic Rights: Some States restore rights like voting, possessing a firearm, serving on a jury, and running for public office.
- Community Involvement: Organizations welcome help from people with no records, including schools and community groups.
- Licenses and Degrees: Programs and professions become accessible when records no longer block your path.
Less Tangible Benefits
Clearing a record can also improve one’s life in less tangible ways. Living without the burden of a criminal record can improve mental health and help build a stronger sense of self-worth. Check out Rasa’s #1in3 Campaign to hear personal stories about the impact of record clearance.
Eligibility
Your record’s location determines your clearance eligibility. Rasa provides an eligibility tool to help you see if your record is eligible, and to start the record clearing process! Visit Rasa’s Q and A page for more specific questions and answers. Whether you’re ready to take the first step or just exploring, Rasa helps you understand and navigate record clearing. Currently, our services are only available for records in Utah & Arizona. However, we are expanding to more states. Sign up here to be notified when we expand to your state.
