The Expungement Process
Where available to persons who have been arrested or
convicted, expungement does not happen automatically, and is never guaranteed.
A person seeking to have an arrest or criminal conviction expunged from their
record must usually fill out an application or petition, and submit the
paperwork to the proper criminal court for a judge's review and decision. In
most jurisdictions, a fee must be paid in conjunction with the filing of the
application.
The expungement process can be complicated. For example,
some jurisdictions require an applicant to deliver (or "serve") papers on
district attorneys, while others require the applicant to prepare the legal
document (or "Order of Expungement") which will be signed by the judge. In some
cases, a court hearing is required, after which a judge will decide whether to
grant the expungement.
Examples of
Expungement Applications:
To learn more about the expungement process in your state,
contact a Criminal
Defense Attorney near you.