How to File an Order to Expunge
- 1). Obtain a copy of your criminal record. You will need this to define the exact charge you want expunged. Use the name given for the charge in your history to complete your petition for expungement. Criminal records are obtained from different departments depending upon your state. Most commonly, they are obtained by contacting your local law enforcement or clerk of courts office. A fee might be assessed before you can obtain the record.
- 2). Ask the clerk of courts in the county in which you were convicted if it can provide you with a list of reasons that an expungement would be denied or granted. You should ensure that you are eligible before you file for expungement.
- 3). Inquire with the clerk of courts as to whether you need to get a fingerprint card made to complete processing of your request. Contact your local law enforcement agency to schedule and complete the fingerprint card. A fee is usually required for this service.
- 4). Visit the clerk of courts in the county in which you were convicted. You must request to apply for expungement through the county of conviction. Some counties require a written letter of request while others have a form for you to complete.
- 5). Complete and return the petition for expungement to the clerk of courts. Include all required documentation. Depending upon the state, this can include a copy of your criminal record, fingerprint card, copy of your government-issued ID and more. There is usually not a fee to file.
- 6). Wait to hear from the court. A hearing will be scheduled to determine your eligibility. The prosecuting attorney that proceeded over your case will be notified of your request. If there are no objections to your request, the judge should be able to make the decision to grant or deny your expungement.
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