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Lincoln Memorial University Law Review Archive

First & Last Page

73-105

Abstract

A large percentage of the population have some sort of criminal record, whether felony or misdemeanor; however, only a small portion of Americans are aware that expungement of that record is an option. Expungement is the process of erasing a person’s criminal record from public records, such as that it is like the person was never arrested or convicted. However, there are universal limitations on this process, for example not all crimes are eligible for expungement. This Note discusses the vast array of expungement laws across the United States and the importance of these laws in providing convicted persons with a clean slate. The States are categorized according to their progressive expungement laws, and the differences are analyzed. This Note advocates for an expansion of the expungement laws to provide adequate considerations to those rehabilitated while also protecting the public’s interest in safety.

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