How to Clear Your Old Criminal Record
Many people seek to clear their criminal records. You may want to clear your records to regain voting rights or to seek meaningful employment. Perhaps you may want the record of may be an embarrassing incident removed. Whatever the reason, the process to expunge or to seal your criminal record varies by state and offense.
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Things You'll Need
- Copy of your criminal record
- Envelopes
- Stamps
- Legal forms to be filed in court
- Supporting documentation
Instructions
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Self Represented
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Request a copy of your criminal record. For this, get your fingerprints taken at your local police department. Mail or present a copy of the fingerprints to the state, provincial, or national police force where you reside along with a fee. The criteria for expungement varies depending on where you reside. However, if you received a conviction, most states require that a set time elapse and that you show proof of rehabilitation. Character statements and supporting documentation detailing your accomplishments can be useful here. Visit the public defender's office in the county where you received the charge to learn about that area's specific requirements.
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Gather all the forms you need to file with the court. You can get them by contacting the courthouse of the jurisdiction where you were convicted. Alternately, some courts offer the forms online. Fill out the forms carefully and answer all the questions that apply to you. If a question does not apply to you, write in N/A or not applicable. Don't leave any question unanswered, as this could cause a delay in filing your motion and hold up your appearance before the court.
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File your motion with the court of record or the district clerk's office. Be sure to include any supporting documentation that will help your situation and keep a copy of all your records. Wait for your hearing to be put on the docket. You will be notified by mail with a notice of appearance.
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Attend your court hearing and state your case. Be professional and courteous.
Other Options
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Research and obtain a free consultation with several attorneys who specialize in criminal law. Compare experience and fees, as well as your personal impression of the competence of each candidate.
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Select the attorney who seems best equipped to direct your case to a positive income. For best results, hire one who specializes in expunging records. Present your attorney with a copy of your criminal record so that he can advise you of the best route to take. The attorney will charge you a fee and handle the paperwork for you, as well as advise you in any possible court appearances. This is probably the most expensive route to take, but having legal representation does increase your chance of getting our record expunged on your first attempt.
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Seek out legal aid in the county where you were convicted if you cannot afford an attorney. You can find information about legal aid services by calling your local district clerk's office. Depending on where you live and the type of charge or arrest you are trying to get expunged, you may be able to seek assistance, but not all legal aid offices offer help with expungements. Have your case information on hand: case number, SID number (state offender ID number), date of arrest, date of conviction, charge, court name, name of presiding judge, disposition and date of release.
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References
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