How to File a Petition for Expungement

In the most basic terms, to have your record "expunged" means that the record is removed from all public record files. Hence an employer or landlord can not pull your record and use it against you. However, government agencies, most specifically law enforcement agencies will still have your arrest on record. Expunged records in most states can also still be used as "priors" if future cases arise.

Expunging a criminal record is not a simple process. Each state has its own laws in regard to what can and what cannot be expunged and the paperwork can be a nightmare. Having at least a basic understanding of where to look for the proper paperwork and needed information can greatly reduce the challenges you'll encounter during the process.

Instructions

1. Request a copy of all offenses you were found guilty of from the court that ruled against you. Many of these rulings can be found online at no cost to the public. Contact the court that tried your case to see what options are available for obtaining the records.

2. Contact your state's Justice Department to determine what type of cases can be expunged. In some cases, certain felonies and even some misdemeanors may be excluded from the process. Typically, life sentences and offenses of rape and child molestation cannot be expunged. Some states do not allow DUI records to be expunged.

3. Contact the state department that holds the records for your case(s) and request a petition to expunge your criminal record. Each state offers its own petitions and in some cases different departments may offer paperwork. Therefore, it's essential that you contact each department directly.

4. Request the exact processes you must complete outside of the standard paperwork and follow those steps exactly as stated.

5. Fill out the paperwork in full. If you are unsure of an answer, contact the department that processed your case to find that information. Missing information can delay the entire process or even lead to a denial of your petition to expunge.

6. Follow up with the deciding office. Petitions for expunging records can take months to approve, but following up with the correct departments can speed up the process.

Tips & Warnings

• State laws determine the type of cases that can be expunged. It may depend on a judge's ruling to expunge the records.