Expungement of Criminal Records
If you think you may have an incident on file for an offense that should no longer be present on your public record, then the first step in expediting the process is to search the public record or court record for the case name, docket number, court location and date the case was heard and get as much information as you can. One way to do this is by searching under your name and state with our instant search system on this site.
Once you do this you can take the necessary steps to get it removed from your public record. This can be done by contacting your local courthouse where the record resides to start due process and have it expunged from your file. In most courts throughout the United States the only person who can expunge or seal a record is a judge. It should also be noted the court has the right to deny your request. In certain cases if your court record reflects offenses such as sexual battery, child abuse, arson, or aggravated assault, the record remains public unless a judge grants the files be sealed or expunged from your public record. It is always best to contact and seek the advice of an attorney in any expungement process.
Expungement vs Sealing Records
If you want to remove an arrest or criminal record from your personal file you have a few options to do so. You can either have the record expunged or sealed. Expungement and sealing have different outcomes and not all records will be available for expungement. Removal of records is determined by the laws governing each state. Sealing a record only hides the record from public view. The record still “exists” in a legal sense since law enforcement and the court system can view sealed records if there is a reason. This doesn't mean that your crime or crimes are being cleared as if the incidence(s) never happened. In the case of getting employment at a retail store or something similar this would apply for that situation. Your record if looked up by these types of employers would look as though you did not commit a crime. On the other hand if any government agency asks any questions regarding your previous convictions you will have to let them know about all the ones that were cleared.
Expungement, on the other hand, permanently erases the record as if it never happened. You do not have to disclose the record ever again and it will not show up on a background check. For this reason it's best to try and get a record expunged if you can. It's highly advised to hire a lawyer to handle any expungement or sealing of a record.
In general, more serious crimes and felonies are the ones that may not qualify for expungement. This is due to the fact that they are harsher crimes and carried a longer sentence. Individuals that commit these types of crimes are considered a risk to society as well. If you have an arrest or criminal record for traffic violations or misdemeanors then the record will be easier to remove. In most cases once you pay your fines or complete jail time then the request for an expungement should be easily granted. The other factor that determines whether or not you are eligible to have a record sealed or expunged is if you have any prior criminal offenses, are on probation, have been arrested for a subsequent crime, or still owe fines related to the incident. All these conditions will be considered by a judge before the decision is made. Since laws vary by state and by conviction, consulting a lawyer is always a wise choice.
How to File for an Expungement
Do you need a lawyer?
You don't necessarily need to have a lawyer for expunging your records. But, note that there is a process which involves a lot of paperwork and if you have a lawyer by your side, he/she can give you advice regarding your specific case and can make sure the record is removed effectively. Plus, they are educated in the court and legal system so they will be able to handle the expungement more effectively.
How long does an expungement of records take?
The entire expungement process could take anywhere from 4 to 6 months or longer depending on your case and state.
What is the filing fee?
The filing fee will vary depending on the state you live in and what type of record you are trying to remove.
What forms do you need to file and where to get them?
You need to go to your county courthouse and ask the clerk for the expungement forms and process involved to apply for the removal of records. Follow their directions carefully or your request may be denied. This is where a lawyer can really help you to make sure the expungement is submitted properly. As mentioned above the forms will cost you some money to file and charges vary by state. The clerk may give you the following forms:
1. Expungement petition
2. Affidavit or proof of service form
What happens after you file the petition for expungement?
After you file the petition for expungement, a copy will be sent to all agencies that have your records such as the arresting agency, the county attorney, the city police department, etc. They may accept or refuse your request. If they accept, the court will grant your petition without hearing. If they refuse, a hearing will be held and you are required to attend. You will be notified of your hearing date through the mail. In some states the court sets the hearing date, while in others you may be able to pick the date. Be sure to ask the clerk beforehand regarding how your state's county court hearing date is set.
What exactly is being done here is that you are asking a judge to give you another chance. If you have proven while in jail that you complied with all their rules and regulations and that you had an early release due to good behavior there is no reason why the judge wouldn't grant you another chance.
The court hearing and decision
Your petition for expungement may or may not be granted. If you won the expungement hearing, you must check after 60 days to see for yourself whether your records show up during a criminal record check. The 60 day period is when the court orders all the agencies to seal your record. However, if you lose your hearing, your record will not be removed and depending on the reason you may be eligible to go through the expungement process again.
Clearing Up Your Criminal Convictions
We all want to be able to go back in time before we did something that we regretted afterwards for doing. That is especially true when it comes to criminal convictions because they are recorded with the government and anyone, especially employers, has access to that information. Regardless of how much you may have changed since the crime, once someone finds out you have a criminal past they will no doubt have trouble trusting you. Having a criminal record will hold you back in life. Luckily you can clear many criminal convictions, especially the less serious ones, and it's a relatively simple process.
For starters you have to be eligible to apply for clearance of your criminal conviction. You are eligible if you completed your probation or parole and if you agreed to all the orders decided by court. There must not be any pending recent charges that have your name on them. In the case that you're not on probation then you have to wait one year to pass from the date when your judgment was brought. You must be careful not to break any laws during that period and to avoid getting arrested or charged for anything else. Note that some convictions can never be cleared. These vary by state and the circumstances surrounding the conviction.
If you think you may have an incident on file for an offense that should no longer be present on your public record, then the first step in expediting the process is to search the public record or court record for the case name, docket number, court location and date the case was heard and get as much information as you can. One way to do this is by searching under your name and state with our instant search system on this site.
Once you do this you can take the necessary steps to get it removed from your public record. This can be done by contacting your local courthouse where the record resides to start due process and have it expunged from your file. In most courts throughout the United States the only person who can expunge or seal a record is a judge. It should also be noted the court has the right to deny your request. In certain cases if your court record reflects offenses such as sexual battery, child abuse, arson, or aggravated assault, the record remains public unless a judge grants the files be sealed or expunged from your public record. It is always best to contact and seek the advice of an attorney in any expungement process.
Expungement vs Sealing Records
If you want to remove an arrest or criminal record from your personal file you have a few options to do so. You can either have the record expunged or sealed. Expungement and sealing have different outcomes and not all records will be available for expungement. Removal of records is determined by the laws governing each state. Sealing a record only hides the record from public view. The record still “exists” in a legal sense since law enforcement and the court system can view sealed records if there is a reason. This doesn't mean that your crime or crimes are being cleared as if the incidence(s) never happened. In the case of getting employment at a retail store or something similar this would apply for that situation. Your record if looked up by these types of employers would look as though you did not commit a crime. On the other hand if any government agency asks any questions regarding your previous convictions you will have to let them know about all the ones that were cleared.
Expungement, on the other hand, permanently erases the record as if it never happened. You do not have to disclose the record ever again and it will not show up on a background check. For this reason it's best to try and get a record expunged if you can. It's highly advised to hire a lawyer to handle any expungement or sealing of a record.
In general, more serious crimes and felonies are the ones that may not qualify for expungement. This is due to the fact that they are harsher crimes and carried a longer sentence. Individuals that commit these types of crimes are considered a risk to society as well. If you have an arrest or criminal record for traffic violations or misdemeanors then the record will be easier to remove. In most cases once you pay your fines or complete jail time then the request for an expungement should be easily granted. The other factor that determines whether or not you are eligible to have a record sealed or expunged is if you have any prior criminal offenses, are on probation, have been arrested for a subsequent crime, or still owe fines related to the incident. All these conditions will be considered by a judge before the decision is made. Since laws vary by state and by conviction, consulting a lawyer is always a wise choice.
How to File for an Expungement
Do you need a lawyer?
You don't necessarily need to have a lawyer for expunging your records. But, note that there is a process which involves a lot of paperwork and if you have a lawyer by your side, he/she can give you advice regarding your specific case and can make sure the record is removed effectively. Plus, they are educated in the court and legal system so they will be able to handle the expungement more effectively.
How long does an expungement of records take?
The entire expungement process could take anywhere from 4 to 6 months or longer depending on your case and state.
What is the filing fee?
The filing fee will vary depending on the state you live in and what type of record you are trying to remove.
What forms do you need to file and where to get them?
You need to go to your county courthouse and ask the clerk for the expungement forms and process involved to apply for the removal of records. Follow their directions carefully or your request may be denied. This is where a lawyer can really help you to make sure the expungement is submitted properly. As mentioned above the forms will cost you some money to file and charges vary by state. The clerk may give you the following forms:
1. Expungement petition
2. Affidavit or proof of service form
What happens after you file the petition for expungement?
After you file the petition for expungement, a copy will be sent to all agencies that have your records such as the arresting agency, the county attorney, the city police department, etc. They may accept or refuse your request. If they accept, the court will grant your petition without hearing. If they refuse, a hearing will be held and you are required to attend. You will be notified of your hearing date through the mail. In some states the court sets the hearing date, while in others you may be able to pick the date. Be sure to ask the clerk beforehand regarding how your state's county court hearing date is set.
What exactly is being done here is that you are asking a judge to give you another chance. If you have proven while in jail that you complied with all their rules and regulations and that you had an early release due to good behavior there is no reason why the judge wouldn't grant you another chance.
The court hearing and decision
Your petition for expungement may or may not be granted. If you won the expungement hearing, you must check after 60 days to see for yourself whether your records show up during a criminal record check. The 60 day period is when the court orders all the agencies to seal your record. However, if you lose your hearing, your record will not be removed and depending on the reason you may be eligible to go through the expungement process again.
Clearing Up Your Criminal Convictions
We all want to be able to go back in time before we did something that we regretted afterwards for doing. That is especially true when it comes to criminal convictions because they are recorded with the government and anyone, especially employers, has access to that information. Regardless of how much you may have changed since the crime, once someone finds out you have a criminal past they will no doubt have trouble trusting you. Having a criminal record will hold you back in life. Luckily you can clear many criminal convictions, especially the less serious ones, and it's a relatively simple process.
For starters you have to be eligible to apply for clearance of your criminal conviction. You are eligible if you completed your probation or parole and if you agreed to all the orders decided by court. There must not be any pending recent charges that have your name on them. In the case that you're not on probation then you have to wait one year to pass from the date when your judgment was brought. You must be careful not to break any laws during that period and to avoid getting arrested or charged for anything else. Note that some convictions can never be cleared. These vary by state and the circumstances surrounding the conviction.
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