How to Expunge Court Records

If you have been charged but not convicted of a crime, consider clearing your arrest record by requesting an expungement. Expungement laws vary from state to state, but you may apply for expungement for a variety of reasons, such as being found not-guilty of a crime, the failure of prosecutors to follow through with prosecution or even for the convection of certain nuisance crimes.

Instructions

    • 1

      Secure a copy of your criminal record. It is this file that perspective employers will likely request when they perform a background check. Depending on your state, your criminal record can likely be requested from a centralized law enforcement agency such as your state's bureau of investigation, or even secured from a number of online resources (see Resources).

    • 2

      Find an attorney who frequently practices law in the judicial district where the prosecution was filed. This attorney will have a working knowledge of applicable local laws and should also have a relationship with the judicial officials who sit on the bench at local courthouses.

    • 3

      Visit the office of the court clerk in the jurisdiction where the legal action occurred. Inform the clerk that you wish to file for an expungement with the court and ask for the appropriate form to process the request. Depending on the circumstances of the case and local laws, there may be a filing fee.

    • 4

      Make sure to request that your record be expunged from all police and court records in your state and local government entities as well.

    • 5

      Check to see if the local law allows for your fingerprints and DNA records to also be removed from state government databases.

Tips & Warnings

  • Perform a basic Internet search for a description of local laws governing expungement requests in the location where the prosecution occurred (see Resources). It may be that in order to save time and resources, the local court system will have posted information about how to apply for and achieve an expungement online.

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References

Resources

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