It can be hard to get a job or rent an apartment if you have a criminal record.You may be asked about your criminal history.You can honestly say that your record is clean if you expunge your criminal records.Every state has its own process for expunging criminal records.The first step is to find out about the process in your jurisdiction.There are many elements of the process that are similar to one another.
Step 1: Know what expungement does.
Anyone can search for criminal conviction records.Expunging your record will change it.Depending on your state, the details about how the state manages your criminal record will be different.expungement allows you to say that you don't have a criminal record.It's important for employment or rental applications.Records of the crime are removed from public view in some states.You can't erase a criminal record from public view in California.The disposition of the case will show the court's decision.An expunged conviction can remain on your criminal record.Sex offenders and immigration are included.
Step 2: Maybe you should seal your record.
Expunging a criminal record is not the same assealing it.The documents that are normally available for public inspection are removed when a court seals a criminal record.The proceedings related to the case will be treated as if they never happened.Records may be destroyed by the state.A sealed record will not be visible through ordinary means.You can declare that you don't have a conviction with record seal and expungement.The first step in getting a record sealed is to petition the law enforcement agency that arrested you.In California, you have to fill out a form and return it to the law enforcement agency.You must petition the court if the law enforcement agency doesn't give you relief.You can seal your criminal record by mail in Massachusetts.The court can be petitioned directly.Depending on the state, the process of sealing a criminal record is different.A judge will make a decision at a hearing.It is advisable to work with an attorney to give yourself the best chance of success.
Step 3: If you want a pardon, consider it.
People who have been convicted of a crime can apply for a pardon.The right to bear arms and serve on a jury can be restored if a pardon is granted.If you are pardoned in California, you won't have to register as a sex offender.Applications for pardons must be completed.A certain amount of time must pass without criminal activity.A pardon doesn't seal or expunge a criminal record.A pardoned person cannot answer on employment applications if they have no criminal record.A pardon restores certain rights.It is becoming more and more rare for people to be pardoned.Individuals with criminal records may apply for a pardon in some states.You can apply for direct pardons from the state governor's office.Arkansas applications are available online.
Step 4: There is a certificate of innocence.
A certificate of actual innocence is more important than a regular expungement.It proves that you were innocent, and that the conviction should never have happened in the first place.Depending on your state, the requirements for obtaining a certificate of innocence will vary.You can ask for this certificate if you are able to meet your requirements.If you have already had your record expunged, you may not be eligible for a finding of factual innocence.You can be eligible if the prosecutor never filed criminal charges after you were arrested.If the court dismissed your case or a jury acquitted you, you could be eligible.You have to petition the law enforcement agency that arrested you to get a factual innocence petition.This usually happens within a specified period of time after an arrest.You have to do it within two years after your arrest in California.You can petition the court if the law enforcement agency denies your request.A judge will make a decision at a hearing.It is a good idea to work with an attorney.You can contact your public defender's office.Depending on your case, some public defenders offices may be able to help you.
Step 5: A certificate of rehabilitation is needed.
You can clear up your criminal record if you get a certificate of rehabilitation.You have been rehabilitated according to this court order.Rights forfeited because of a criminal conviction can be restored with a certificate of rehabilitation.Improved access to state occupational licensing programs is possible.Sex offenders may no longer have to register.A Certificate of Rehabilitation is an automatic application for a Governor's Pardon in some states.To get a Certificate of Rehabilitation, you must file a petition with the court.In California, you have to submit letters of character and other documents as part of the petition.
Step 6: Who is eligible for expungement?
Different states have different requirements for expungement.Expungement can clear the records of people who won't receive further convictions.Being a first-time offenders, having an arrest or misdemeanor conviction, as opposed to a felony conviction are some of the circumstances that make someone eligible for expungement.
Step 7: You can find out if you're eligible for an expungement.
To find out what requirements you must fulfill, visit your state's courthouse or court website.It can be difficult to determine if you are eligible.To find out how to proceed, speak with someone in person.Defense attorneys can negotiate an agreement with prosecutors regarding future expungement.If the defendants meet all requirements, the prosecutor will not oppose expungement.If such a discussion took place, be sure to check with your attorney.
Step 8: There is a petition for expungement.
You can file a petition with the courthouse once you have determined that you are eligible.You will have to pay a fee and wait for the court to process your paperwork.In some states, you will receive a hearing date on which you'll meet with a judge to have your record expunged.You will need to get a certificate of eligibility in some states.The disposition of the case and a set of fingerprints are required.An expungement is not the same as a certification of eligibility.You must have the necessary paperwork in place to file a petition for expungement.You have to complete and file a Petition for dismissal in California.You have to submit a Declaration and an Order for dismissal.You should file the petition according to the requirements in your state.You'll have to start over if you make small mistakes in the petition.You have to file the petition in the county where the court charged you with the crime.
Step 9: Consider working with an attorney.
An attorney can help you navigate the process.Whether you're eligible can be determined by an attorney.He or she will help you fill out the paperwork and complete the necessary steps to get your expungement.He or she will speak on your behalf if you have a hearing.It could end up being more complicated than you thought.It's worth it to have an expert help you.Call your local public defender's office.Public defenders help people improve their professional and personal opportunities.You can also check out the Clean Slate Clinic, located in Alameda County, California.