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How to Expunge an Old Record

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By PrincessDK
User-Submitted Article
(15 Ratings)
Clear your criminal record.
Clear your criminal record.

Criminal offenses impact your life no matter how old they are. Regardless of whether it is a felony or misdemeanor, criminal matters can impact some the most important facets of your life, including your search for employment or your efforts to travel out of the country. If you want to clear up your old criminal history, here are a few steps to take in expunging an old record.

Difficulty: Moderately Challenging
Instructions

Things You'll Need:

  • copy of criminal record

    How to Expunge an Old Record

  1. Step 1

    Obtain a copy of your criminal record. Search online or contact your state justice department public information line to determine what state department, exactly, you must request your record from and how much this may cost.

  2. Step 2

    Review your criminal record for all offenses. If there are several, separate and count the number of misdemeanors and felonies. Depending on the state or country, the number and types of offenses will matter when applying for expungement.

  3. Step 3

    Identify how old each offense is. Many states and countries have a statute of limitations with regard to the expungement process.

  4. Step 4

    Obtain the proper petition/application form for requesting expungement and fill it out completely. The state department that held your criminal record will also be able to provide you with the form and/or process instructions for requesting expungement. If they cannot, contact the court that processed the offense.

  5. Step 5

    Petition each court that you were convicted in. Even if the offenses occurred in the same state, file your petition for expungement with the court that processed each one of your offenses.

  6. Step 6

    Follow up on your petition. Understand that if your offenses are eligible for expungement, it will take a while for the justice system to complete the process. Maintain patience, but try not to let too much time pass before checking in on the status of your petition(s).

  7. When Expungement Does Not Apply

  8. Step 1

    Seal your criminal record. Arrests that did not result in conviction cannot be expunged, even though they can still present a barrier to such things as employment or travel. However, they almost always can be sealed (with the exception of arrests for prostitution and driving under the influence/while impaired). Petition the court of your arrest to seal your record if the arrest did not result in a conviction.

  9. Step 2

    Seek a certificate of good conduct. Many states do not expunge or seal certain misdemeanor or felony convictions. They may, however, offer a certificate of good conduct if your conviction is old enough and your conduct is believed to be rehabilitated.

Tips & Warnings
  • Sealing your record and/or receiving a certification of good conduct can assist you in employment and traveling matters just as well as an expungement.
  • Felonies are considerable more difficult to expunge or seal than a misdemeanor. In most states they are almost impossible to expunge.

Comments  

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whoatojosh said

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on 10/1/2009 How do i Obtain the proper petition/application form for requesting expungement

moe1105 said

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on 9/1/2009 If I used the first offenders Act, can I get my record sealed? I was charged with posession of Marijuana with intent to distribute. It was about 2 years ago. I was on probation for a year that was in 2007. I want to be able to move on with my life but this seems to be a hurdle for me. I complete my education in about 3 months and I would like to find a job without this lurking in the shadows. What can i do?

bigdnj2002 said

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on 5/9/2009 In 1992, I was convicted of a felony: Forgery, and Bank fraud. (At the same time) Long story short; I was waiting in the car while a friend tried to open up a fictitious Bank account. We all got arrested and convicted of the same offense; regardless of what role we played. However, I didn’t serve any prison time. Since that time, I have gone on to earn a Bachelor and Master’s degree. My indiscretion happen when I was only 22 years old, and that was my only offense. I hired a lawyer to get this matter expunged a few years ago; unfortunately, I was denied because the State of South Carolina does not expunge certain offenses. Currently, I am in the process of trying to have this matter Pardon. I am waiting for my court date before the pardon board. In the meantime; I am unemployed, and have been denied employed because of my record. I don’t know what to do at this point. My f...

ruthie58 said

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on 1/22/2009 Have you heard of writing a letter on behalf of your self to help with the expungement? What can I do or bring to court for the judge that would help my case?

Luisiguti said

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on 12/1/2008 Can it be done on a case that was trialed under Military Court resulting on a convinction back in 1991?

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