CLEARED CONVICTION RECORD GIVES OFFENDERS FRESH START

Dear Joyce: Your column on felony backgrounds and your later one
mentioning expungement as a record-cleaner was excellent. All of US are
grateful to companies that give these young people who have made
mistakes a break. Job changes are hauntingly difficult. Could you
expand on what procedure must be followed for expungement? - R.M.L.

Few topics in this column have caught fire this year as has
expungement of criminal records. Although the concept of a legal fresh
start has been around for more than 30 years, interest in the topic is
heating as more youthful offenders grow up.

Questions from readers appear to represent adults in their 20s (and
their parents, spouses and friends) whose criminal records involve a
nonviolent felony or misdemeanor, such as drug or property offenses. A
few comments:

"My medical assistant wife, 26, has been unable to find work for five
years."

"I can't afford to pay $750 in lawyer's fees, but I can't live without
a job, and I keep getting turned away; at 27, I've got a I lot of time
left to work."

"My 24-year-old son - on probation for heroin possession - got caught
using six times and narrowly avoided prison and a ruinous criminal
record by entering a long-term I treatment facility."

Can't these young job-seekers who have had a brush with the law hope
to slip through employment screens and get hired? Chances are slimmer
than ever now that employers can search online databanks of criminal
records to find every flaw in a person's background. Even individuals
who were acquitted or whose case was dismissed find themselves
stigmatized.

If you or someone you care about has a criminal record, go all out to
achieve an expungement if one can be granted. Tips:

* Clean up your record. Expungement - sealing. destroying or erasing -
of a record allows a job applicant to Answer "no" to the question
"have you ever been arrested and convicted of a crime?" Expunged
records are off-limits to all except criminal justice system personnel.

* Get an experienced lawyer. Some resources contend a layperson can
handle an expungement. Maybe, but it's a complex paper trail with lots
of room for error. The best bet: Hire an experienced lawyer, typically
a criminal defense attorney. If money's a problem, contact a public
defender's office; if local defenders don't do expungements, ask for a
referral to a competent expungement facilitator who will help for a
modest fee. Other low-cost ideas: Call law school deans and paralegal
offices. A probation officer or court clerk may have
suggestions.

Look for programs that help ex-offenders, such as former Mayor Ed
Koch's Second Chance in New York City.

The rules about who is eligible for expungement and the effect of
sealing records vary from state to state. And each case is different.
You can get an idea of the diversity by following the links for states
on Law.com (www.law.com; click on search and use "expungement" as the
key word). Internet search engines also produce leads for lawyers who
do expungements. Attorney costs range from about $500 to $1,000.

* Learn general points. People have to apply in writing. Arrest and
conviction records aren't automatically expunged after a period of
years. Not all convictions qualify, for erasure. In many states,
defendants can't erase felony convictions or those involving sex
offenses. Juvenile and misdemeanor convictions are often subject to
expungement.

Acquittals and dismissals may be sealed right away; after convictions,
the required waiting time may be from one to 10 years (after finishing
the sentence with no new charges) before applying, and the actual
process may take a year or so.