How to Clear Your Adult & Juvenile Criminal Records
There are multiple ways to go about clearing an adult or juvenile criminal record. The record could be expunged, an offender could apply to be pardoned by the appropriate official, a record could be "sealed" by the issuing court (as tends to be the more common avenue for juvenile records rather than adult records), or it may be possible to bring a "collateral attack" on the conviction, or to try and have the conviction set aside.
The most common method of clearing a criminal record, however, is expungement, which requires the offender to follow the steps below. The primary caveat for expungement is that an offender can only have one crime against him. An offender with multiple crimes may have to speak with a legal professional for more information on how to clear his criminal record.
For the single-time offenders looking to apply for expungement, it is important to remember that it may take anywhere from months to years before a record is officially cleared due to the amount of paperwork required, which can vary from state to state.
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Things You'll Need
- Fingerprint card
- Certified judgment copy
- Completed expungement application
- Money order
- Rehabilitation proof
Instructions
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1
Get a set of fingerprints from the police station in the state in which you were convicted. Tell the officer you are applying for expungement so he can use the appropriate fingerprint card.
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2
Go to the court in which you were convicted and ask the clerk for a certified copy of your judgment. The judgment shows what you were convicted of and when. Some states require the clerk's seal on that document for further processing.
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3
Fill out the expungement application appropriate to your court. Adult and juvenile convictions require different applications, both of which can be obtained from the court clerk.
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4
Obtain a money order and make it out to the appropriate party. Many states require a money order to cover the cost of state and FBI background checks that ensure you only have one conviction against you.
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5
Show that you have rehabilitated yourself. Different judges will handle expungement cases differently. Some will grant expungement without asking questions, while others will want proof of your rehabilitation efforts. General ways to show rehabilitation are letters of recommendation from employers, copies of diplomas or certificates from trade schools, or proof of volunteer hours at a local church.
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Organize all of the above items into a packet. Take that packet to your court clerk and file them as appropriate. Different states have varying rules as to which office requires documents from your packet. Follow those rules very precisely and wait for a court hearing to be set.
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Tips & Warnings
Federal felony convictions can only be removed through presidential pardon.
The severity of the crime determines its eligibility for expungement. Not all crimes are deemed "fit" to be cleared from record by the state in which the crime took place. For example, in some states, sex offenders may not be eligible to file for expungement at all.
