How to Expunge a Misdemeanor
Expunging a misdemeanor takes it off of your record so that it is no longer visible to employers. It can also relieve a mental and emotional burden so that you can move on with your life.
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Things You'll Need
- Case number
- Date of conviction
- Code name and section number of violation
- Verdict or plea
- Sentence and/or fines
- Date of probation/parole end
Instructions
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Obtain copies of all of your criminal records. If you do not have them, you can obtain copies from your attorney, the court or your state Department of Justice.
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Consult with legal counsel and/or your state laws to determine whether you are eligible for expungement and which law applies to your case.
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Get all of the necessary forms from your attorney or from the court. Obtain as many copies of the form as you have convictions in that county. If you do not have a lawyer, find out what the procedure is for filing your petition with the court. Also find out how many copies you must file, and who must be given copies of the filed petition and what the deadline is to serve the copies.
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When filing your petition, pay the required fee. If you cannot pay the fee, find out if there is a way to waive the fee and complete the necessary paperwork to do so. File the fee waiver paperwork with your petition.
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Submit your petition with it any supporting materials that go with it. Obtain a hearing date from the clerk and mark the date down on your calendar, along with any other deadlines in between, such as deadlines to serve copies of your petition to the necessary parties.
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Arrive at the hearing as early as possible so that you do not miss any instructions and have time to ask the clerk any questions you have. Dress conservatively and bring copies of all of your paperwork. Answer any questions asked of you truthfully. The judge will make an order granting or denying your petition. Be sure to ask how to get a copy of your order.
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Find out the reason if your petition is denied. It may be that you can cure the error. If so, re-file your petition, making the corrections the judge cited in denying the petition, and get a new hearing date.
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Tips & Warnings
If you cannot afford a lawyer, check with the court or on the Internet to find out if there are local legal organizations that provide assistance to low-income community members. Sometimes courts themselves have clinics to give people legal assistance.
Criminal laws are different in each state. It is important that anyone attempting to do any legal procedure check his state laws and consult with local legal organizations to determine the particular legal requirements in his state.
