6 Ways to Get Your Criminal Record Expunged

Do you presently have a criminal record? Most certainly you have thought about expungement, but what's deterring you? Perhaps you feel that your case does not qualify for expungement, although you would be surprised what cases are eligible.

There are certain criteria that you will need to meet in order to be eligible to have something expunged from your record. For instance, your case can not include assault or involve a hate crime. Your case can not have resulted in requiring registering as a sex offender. Being found in possession of heroin or involved in the sale and delivery of cocaine or committing a crime involving a DWI all disqualify you from seeking expungement. These are only the main factors that would disqualify your expungement case. If you do qualify, how can you start the expungement process?

Get The Recommended Affidavits and Get Them Notarized

This comes from the petitioner stating that you have shown good behavior, morals, and attitude since your conviction, have not had any further convictions, and wish to have a past crime removed from your record as you have proved to be an upstanding citizen.

It is recommended that you get affidavits from persons not related to you, who can attest to your character and reputation. You should have at least two such people and they should be of decent or high reputation themselves. Coworkers and employers are great references in this case.

You will also need an affidavit that no civil judgements or restitution orders against the petitioner are outstanding.

Feeling a little overwhelmed? Call an expungement lawyer like those at Hoyer Law Firm to help walk you through the process and explain the possible options you have for filing.

Submit the Expungement Petition To The Court

To do this, you will need to know the date of the offense, the case number, the arresting officer and station, the date of disposition, and the details of the case.

Serve The District Lawyer In The County The Charge Took Place

To enable you to carry this out, that is, serving the district attorney, you must use correct copy of all the affidavits mentioned out at the onset and the last expungement petition. In most cases, it is the legal duty of an assistant district attorney to sign off on your original form.

File The Petition With The Court Clerk

When you present your expungement to the clerk of the court, you will be required to pay a filing fee. Your county may ask for a copy of your criminal record when filing your expungement.

Court Hearings

Each county has a different procedure. You will most likely be required to attend one or more court hearings in order to present your case for expungement.

The Waiting

At this point, it is all down to patience. The process for expungement is long and slow, but it is important to remember how far you have come. Take this time to reflect on your progress as an individual and remember that the expungement process is worth it at the end. Once your petition has been sent, it will be reviewed by a judge, assigned to SBI for a background check to ascertain your qualification for expungement, and will be subjected to various other legal channels for processing.