Roberta Aguirre
The question of whether an expunged charge will impact a customer at an airport is complex and depends on various factors, including the nature of the charge, the time since it occurred, and the laws of the specific state and country involved. Airports, being transportation hubs, often have heightened security measures and background check protocols in place for both employees and travellers. In the United States, for example, the Transportation Security Administration (TSA) conducts background checks for airport staff, and certain misdemeanours or felonies may impact employment prospects. However, each state has different rules regarding expungement, and even expunged charges may still be visible on federal searches. Additionally, airports often impose customer facility charges (CFCs) to cover the costs of rental car facilities and other services, which may be relevant to customers. Understanding the specific context and jurisdiction is crucial for determining how an expunged charge might affect an individual at an airport.
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What You'll Learn
Expungement meaning
In the common law legal system, expungement or expunction proceeding is a type of lawsuit in which an individual convicted of a crime seeks to have the records of that process sealed or destroyed. If successful, the records are said to be "expunged". Expungement deals with an underlying criminal record and is a civil action in which the convicted individual is the plaintiff asking a court to declare that the records be expunged.
To "expunge" means to "erase or remove completely". In law, "expungement" is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, removing it from a defendant's criminal record as well as, ideally, the public record. It is important to note that expungement is not a "pardon" or forgiveness for committing a crime. A pardon is forgiveness, but it does not "erase" the event. In the United States, a pardon can only be granted by the President or, for state offenses, by the state governor or certain other state executive officers. Expungement, on the other hand, can only be granted by a judge.
In the United States, most states allow for the expungement of criminal records, although laws vary by state. The availability of expungement and the type of charge or conviction that may be expunged depend on the laws of the state in which the case was prosecuted. Some states completely remove the arrest record from all databases, allowing the individual to deny they were ever arrested for the crime. In other states, a public or confidential record of the charge may still be maintained even after expungement. Juvenile records are the most common to be expunged, but many states also allow adult defendants to seek expungement of their records.
Expungement laws and processes also exist in other countries. For example, in Canada, the Parole Board must order expungement of a conviction relating to acts of gross indecency or buggery between consenting adults of the same sex. In New Zealand, expungement is regulated by the Criminal Records (Clean Slate) Act 2004. In the United Kingdom, the term "spent conviction" is used, and the relevant legislation is the Rehabilitation of Offenders Act 1974.
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Expungement eligibility
Expungement is a legal process that can erase your criminal record, giving you a fresh start. However, not everyone with a criminal record is eligible for expungement, and specific criteria must be met. The eligibility criteria for misdemeanour expungement typically include the following:
- A certain amount of time has passed since the case ended.
- You have not had any other legal issues since the conviction (no new charges or cases pending).
- You have completed all the terms of your sentence, such as probation or community service.
The eligibility requirements for felony expungement are similar to misdemeanours. You need to have finished your probation period and stayed out of legal trouble. Most states have restrictions on which offences qualify for expungement. Some states only permit expungement for arrests and misdemeanours, excluding felonies. Other states have a list of offences that are never eligible for expungement, including violent crimes, sex offences, and DUIs. The more serious the felony, the less likely it is to be expunged.
It is important to note that even if a conviction is expunged, it may still be considered when applying for certain positions, such as jobs at airports. The Transportation Security Administration (TSA), for example, may deem an applicant ineligible based on records related to violations of transportation security regulations, including security-related offences at an airport or on board an aircraft.
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Expungement process
The expungement process in Georgia involves two steps: Restriction and Sealing. This process is also commonly referred to as expungement. It is important to note that Georgia law does not use the term "expungement" because records are not destroyed but rather access to them is limited for employers, housing providers, and others, with law enforcement maintaining access.
The first step, Restriction, limits access to the official Georgia criminal history report maintained by the Georgia Crime Information Center (GCIC). If your arrest occurred before July 1, 2013, you must submit your request to the arresting agency, which will then forward it to the prosecuting attorney's office. If your arrest occurred on or after July 1, 2013, you can reach out directly to the prosecuting attorney's office of the county where your arrest took place. The prosecuting attorney's office will either approve or deny your request within 90 days, and once a decision is made, they will notify the applicant and the arresting agency. If your request is approved, the prosecuting attorney will submit the application to the GCIC database. If they approve but don't have access to the GCIC database, you will need to send the approved application and processing fee yourself. The GCIC usually processes complete record restriction applications within 2-3 weeks, and you will receive a letter of completion confirming that the arrest has been restricted in the law enforcement database.
The second step, Sealing, limits access to court records. Persons whose records have been sealed can say that the record does not exist, and sealed records are generally inaccessible to third parties, such as employers and licensing authorities. However, records that are considered public may still be accessible from some third-party websites.
The eligibility criteria for expungement in Georgia include:
- You can restrict and seal most charges that did not result in a conviction (dismissal, nolle prosse, acquittal, etc.).
- You may be able to restrict and seal cases on the dead docket for more than 12 months.
- You may petition the court to restrict and seal up to two eligible misdemeanor convictions four years after your last conviction.
- If you were eligible for First Offender at the time of sentencing but were not aware of your eligibility and did not receive it, you may be retroactively sentenced as a First Offender if the prosecutor consents to filing and the judge approves.
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Impact of expunged charges
Expungement is a court-ordered process in which the legal record of an arrest or criminal conviction is sealed or erased in the eyes of the law. While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged. The availability of expungement and the type of charge or conviction that may be expunged depend on the laws of the state in which the case was prosecuted. Some states, like New York, do not allow for the expungement of adult criminal convictions at all. They may, however, allow certain conviction records to be sealed. Juvenile records are the most common type of record to be expunged, but many states also allow adult defendants to seek expungement of their records.
Even after expungement, other states may maintain a public or confidential record of the charge and its disposition. Law enforcement agencies and the criminal justice system may have access to your prior criminal case. If you are arrested again, the prosecution can check your last conviction or arrest, even if the offences have been expunged. They can use this information when handling your new case. An immigrant facing removal or deportation proceedings may find that an expunged conviction or one "under seal" can be used as evidence to support their removal from the country.
Expungement can impact an individual's ability to regain their right to possess a firearm. Federal laws deprive individuals with felony and domestic violence offences of their firearm rights. Some states also have statutes that deprive individuals of certain gun rights, usually for a definitive period. When applying for a state professional license or job that is considered a public office or high security (such as security guard, law enforcement, or related to national security), one must often disclose that they have an expunged conviction. Failure to disclose an expunged criminal charge may result in the denial of a license or security clearance.
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Airport security requirements
Screening
Passengers and their carry-on baggage must undergo screening before entering the secure area of the airport, which includes the departure gates. This typically involves passing through a metal detector or advanced imaging technology, such as backscatter X-ray machines, and placing personal items on an X-ray belt for inspection. Some airports may also employ explosive trace detection methods, such as swabbing passengers' hands or belongings. It is recommended to arrive at the airport early to allow sufficient time for the screening process.
Restricted Items
Sharp objects, such as knives and scissors, are typically prohibited in carry-on baggage and must be placed in checked baggage if they are not restricted or prohibited altogether. Liquids, pastes, gels, and powders are subject to restrictions; it is recommended to place powders over 12 oz (350 mL) in checked baggage to avoid secondary screening. Hazardous materials are generally forbidden in both carry-on and checked baggage. Lithium batteries should be packed in carry-on baggage, and passengers should review guidelines for packing electronic devices and their batteries.
Identification and Documentation
Passengers may be required to present identification and travel documents, such as passports, at various points during the airport security process. This includes during check-in, at security screening checkpoints, and when passing through immigration. It is essential to ensure that travel documents are up to date and valid for the destination country.
Additional Screening and Assistance
Some passengers may be selected for additional screening, which could include further inspection of personal items and electronic devices. This may be based on risk assessment, random selection, or other factors. Passengers with special circumstances, such as disabilities or medical conditions, can request assistance by contacting the relevant authorities or airport services prior to their trip.
Airport Security Programs
Airports are responsible for implementing comprehensive security programs that comply with local and international regulations. These programs include access control measures, such as identification badges for authorised personnel, to restrict entry to secure areas. Airports also collaborate with law enforcement and intelligence agencies to adapt security procedures based on evolving threats.
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Frequently asked questions
Expunction and expungement are the same thing. It is a legal process to remove a criminal conviction or a criminal charge from a person’s record and to seal or destroy the state’s records of the arrest, charge, and/or conviction.
A person who has had an expungement granted generally cannot be found guilty of perjury if they deny that the arrest, charge, or conviction ever happened.
No, an expungement might not provide relief from all consequences of the charge or conviction. For example, an expunged case may still be used for federal immigration decisions. It may also impact your ability to get a job at an airport.
