How to Remove a First-Time Felony Charge For an Unregistered Gun

File an expungement petition to remove a first-time felony gun charge.

Many states allow first-time offenders to file a petition to expunge or remove felony gun charges from their criminal record. An expungement legally seals a criminal court docket from the public and removes the record from local arresting agencies. People often file an expungement petition when their criminal record prevents them from finding a job or buying a house. Although an expungement seals criminal charges from public access, agencies such as the FBI can obtain your record for investigative purposes.

Things You'll Need

• Criminal record report

Instructions

1. Obtain an expungement petition form from your local county clerk's website or office. Read the form, or ask the county clerk, to determine if you must attach a copy of your criminal record report when you return the petition. Some courts require petitioners to include a copy of their criminal record when filing expungement petitions for reference. If required, obtain a copy of your criminal record report from the court record office where your trial occurred. It may take a few days up to a few weeks to receive a copy of your criminal record report depending on the court's record database system.

2. Fill out the expungement petition, including your name, address, telephone number, Social Security number, date of birth and arrest date. List the felony gun charge you want expunged, any victims involved in your case and all arresting agencies that possess your court records, if the form requires this information. Include any additional information pertinent to your case.

3. File the form at your local county clerk's office and attach the copy of your criminal record report, if required. Sign the form and pay the required filing fee. Allow the county clerk to sign the form. She will give you a case number and date for your expungement hearing. However, some courts, such as the Municipal Courts of Seattle, Wash., require only in-person hearings per the presiding 's request. Some courts, such as the Utah State Courts, hold expungement requestors responsible of notifying arresting agencies of their expungement petition and the date of their expungement hearing themselves.

4. Attend your expungement hearing on the assigned date--be on time. Avoid intervening while the judge speaks and answer all of his questions truthfully. If the court decides to seal your case, all arresting agencies with your criminal record in their possession will receive a court order to seal your file. Note that if the court held you accountable for notifying arresting agencies of your expungement petition and court hearing, you more than likely will be held responsible for sending copies of the expungement order to all arresting agencies that have your court record in their possession.

Tips & Warnings

• You may want to hire a lawyer to help you through the expungement process.

References

• Minnesota Judicial Branch: Basics on Criminal Expungement
• Utah State Courts: Expunging Juvenile Records
• Seattle Government: Instructions for Expungement Process
• Kentucky Court of Justice: 4972 Petition/Motion for Expungement Form