A criminal record can make it difficult for you to get a job or rent an apartment.If the only blemish on your record is an arrest that didn't lead to conviction, it can be even more frustrating.You can get that arrest expunged from your record in all but five states.If you meet the qualifications, you can have an arrest expunged even if you were convicted of a crime.
Step 1: In your state, what options are available for expungement?
Criminal records can be expunged in some states, but not in others.If you are a resident of another state, you must follow the procedures of the state where you were arrested.Some states allow forsealing instead ofexpungement.If a criminal record is sealed, it is hidden from the general public, but still exists on your record as a whole.In some instances, sealed records can be opened.Expungement cannot be undone.
Step 2: You can find out what crimes are covered.
Some states allow for the expungement of many types of crimes, while others don't.If the charges were dropped and you weren't convicted of a crime, it's easier to get an arrest record expunged.Many states don't allow the expungement of convictions for sexual offenses and sex offenders.First-time misdemeanors and non-violent felonies are the only things that can be expunged in most states.Even if your arrest did not result in a conviction, you can't have it expunged.
Step 3: The elements of expungement are reviewed.
Getting an expungement can help you get things done that might have been difficult with an arrest on your record.If you are asked on a basic job or school application if you have ever been arrested or charged with a crime, most states allow you to deny it.If you apply to rent an apartment, the arrest won't show up, which means landlords will be more likely to lease to you and you might be charged less of a security deposit.A blemish-free criminal record can be obtained if a single arrest is your only brush with the law.
Step 4: Do you want to benefit from expungement?
The process for getting an expungement may be more difficult than it is worth.In California, an expungement does not remove the conviction from your criminal history, seal the court case file, reinstate your right to possess firearms, or allow you to run for public office.You should make sure that you can use expungement in your state to get the benefit you seek.Suppose you were convicted of theft.If your state doesn't allow you to deny an expunged conviction, it may not be worth it to answer "no" when a potential employer asks if you've ever been convicted of a crime.If you've ever been arrested, 11 states don't allow you to deny the arrest if asked on an employment or rental application.Only three of the 16 states that allow expungement of convictions allow you to deny the conviction.When investigating a crime, expunged arrests can be used by law enforcement agencies and courts.The expunged conviction can still be used in sentencing if you are convicted of another crime.If you are convicted of the same offense again, it would be treated as your second conviction.If you apply for a professional license or job in law enforcement, you have to reveal any expunged criminal records.
Step 5: You have to complete all of the diversion programs.
If you were convicted of a crime, you have to pay any fines or fees that the judge ordered before you can have your record expunged.There are diversion programs for first-time offenders.Drug or alcohol abuse counseling and rehabilitation, community service, and paying fines can be part of the program that lasts from six months to a year.If you received a suspended sentence and were put on supervised release, you must complete your entire term without a single violation or incident to be eligible for expungement.A college student convicted of drug possession could be sentenced to 90 days of deferred prosecution and ordered to pay a fine.He could possibly get that conviction expunged if he reports to his officer, has no further brushes with the law, and pays his fine in full.
Step 6: Wait a while after an arrest.
Depending on your age and the severity of the crime, the waiting period before you can file to have the record expunged varies.You can only expunge an arrest record if you were convicted of a crime.After all sentences have been completed, the waiting period doesn't begin.
Step 7: Don't commit other crimes.
If you have any criminal charges pending or have broken the law since your arrest, you are not eligible for expungement.
Step 8: Find your records.
In many states, you have to gather information about the record you want expunged, including documents such as the certified disposition of the charge, arrest record, the arrest warrant, and proof that you completed any court-ordered diversion programs.You can get the documents you need at the police precinct where you were arrested or the court where your case was heard.Fees are likely to be paid for certified copies of these documents.
Step 9: You can get your fingerprints and criminal history from the police station.
The records are needed to complete a request for expungement.Florida requires new fingerprints to be taken and submitted with your expungement petition.
Step 10: The forms need to be completed.
To request the expungement of a criminal record in your state, you must fill out a Motion or Petition for Expungement.You should talk to a criminal defense attorney if you can't complete the forms or get the information you need.
Step 11: You should file and serve your forms.
You have to file your forms with the court.You have to serve the forms to the district attorneys in some states.You will have to pay a fee when you file your forms.Fees will be charged for service of process.There are no refunds for these fees.Depending on where you were arrested and convicted, the filing fee will vary.If you can't afford the fee, most states will waive it.The date and time of your hearing will be given to you by the clerk after you file your petition.You cannot serve your petition on your own if you have to.There will be a list of process serving companies.
Step 12: You need to appear in court for your hearing.
Depending on the state, you may be asked to appear before a judge or parole board for a hearing or interview regarding your request for expungement.The judge can order the expungement of your criminal record based on the facts and arguments during the hearing.Even though the hearing is less formal than a trial, treat it like one.Arrive early and dress conservatively.Treat the judge and other court officials with respect.All the documents you have filed, as well as any other documents that are relevant to your case, should be brought with you.
Step 13: If the judge asks a question, answer it.
If you have been successfully rehabilitated, the judge may ask you questions about your education, home and family life, financial health, physical well-being, or employment.
Step 14: Listen to what others have to say.
Any police officers or district attorneys who object to the expungement of your record may attend your hearing.The judge may ask you questions about the objection.
Step 15: After your hearing, follow up.
If your expungement is granted, you will need to get copies of your signed and filed Expungement Order and mail them to the relevant law enforcement agencies.The court will let you know who will get a copy of the order.Ask the judge to list the reasons for the denial and explain what you can do to clean your record if your petition is denied.You can apply for expungement after the issues have been resolved.