Once you have determined that you qualify for expungement, navigating the actual process requires attention to detail and patience. Each state has its own procedures for filing expungement petitions, and following these procedures correctly is essential for success. Understanding the step-by-step process in your state helps you prepare properly and avoid delays or denials caused by procedural errors.
Gathering Your Criminal Records
Before filing for expungement, obtain copies of your complete criminal record to ensure you know exactly what needs to be addressed. Request records from both your state repository and the FBI, as the information may differ between these sources. Your state criminal history can typically be obtained through your state police or a designated state agency, while FBI records require submitting fingerprints through an approved channeler.
Review these records carefully to identify every arrest, charge, and conviction that appears. Even records you thought were dismissed or resolved may still appear. Knowing exactly what is on your record ensures your petition addresses everything that needs to be expunged and helps you identify any errors that should be corrected through separate processes.
Obtaining Court Records
Expungement petitions typically require documentation from the court that handled your original case. Visit or contact the clerk of court in the jurisdiction where your case was heard to obtain certified copies of relevant documents. You will likely need the charging document, judgment, and sentence, as well as documentation showing you completed all terms of your sentence including probation.
If your case is old, records may have been archived or transferred. Allow extra time for the court to locate and provide these documents. Some courts charge fees for certified copies, so budget accordingly. If records have been destroyed due to retention policies, the court may be able to provide a certificate stating that the records no longer exist.
Completing the Petition
Most courts have specific forms for expungement petitions that must be used. Obtain the correct forms from the court clerk's office or the court's website. Complete all sections of the form accurately and thoroughly, providing the information requested about your case, your personal background, and why you are seeking expungement. Incomplete or inaccurate petitions may be rejected or delayed.
Many petitions require you to explain why expungement should be granted, giving you the opportunity to describe your rehabilitation since the offense. Include information about your employment, education, community involvement, and any other factors demonstrating that you have moved past the conduct that led to your record. Be honest and specific rather than vague or exaggerated.
Filing the Petition
File your completed petition with the court that handled your original case. This is typically the trial court of general jurisdiction in the county where your case was prosecuted. Filing fees vary by state and may range from minimal amounts to several hundred dollars. Some states waive fees for indigent petitioners, so ask about fee waiver options if cost is a concern.
When filing, ask the clerk about next steps and approximate timelines. Some courts schedule hearings automatically, while others only hold hearings if the prosecutor objects. Understanding what to expect after filing helps you prepare for any required appearances and follow up appropriately if your case seems stalled.
Notifying Relevant Parties
Most states require you to serve copies of your petition on the prosecutor's office and sometimes other parties. The prosecutor has the opportunity to review your petition and file an objection if they believe expungement is not appropriate. Some victims may also have the right to be notified and provide input, particularly for more serious offenses.
Follow the service requirements in your state precisely, as failure to properly notify required parties can result in your petition being dismissed. Service may need to be completed by certified mail, personal delivery, or other specified methods. Keep proof of service to file with the court showing you complied with notification requirements.
The Hearing Process
Depending on your state and whether any objections are filed, you may need to appear at a hearing before a judge decides your petition. At the hearing, you have the opportunity to present your case for why expungement should be granted. The prosecutor may argue against expungement if they believe your record should remain public, and victims may be permitted to speak as well.
Prepare for the hearing by organizing your documentation and practicing what you want to say. Dress professionally and address the judge respectfully. Focus on demonstrating your rehabilitation and explaining how expungement will benefit your ability to be a productive member of society. If you have an attorney, they will handle most of the presentation, but be prepared to answer questions directly.
After Expungement Is Granted
If the judge grants your petition, the court will issue an order directing relevant agencies to expunge or seal your record. This order must typically be served on law enforcement agencies, the state repository, and sometimes the FBI to ensure the record is actually removed from all databases. Your attorney or the court clerk can explain the specific steps required in your jurisdiction.
After expungement, verify that the records have actually been sealed or destroyed by requesting updated criminal history reports. Background check databases operated by private companies may take additional time to update, and you may need to contact these companies directly if old information continues to appear. Keep copies of your expungement order to show prospective employers or landlords if questions arise during the transition period.
When Expungement Is Denied
If your petition is denied, understand the reasons for denial and whether you can address them. Common reasons include not meeting eligibility requirements, incomplete documentation, or the judge's discretion based on factors like the nature of the offense. In some cases, you may be able to refile after correcting deficiencies or after additional time passes.
Appeals may be possible in some jurisdictions if you believe the denial was legally improper. Consult with an attorney about whether appeal makes sense in your situation. Even if your current petition is unsuccessful, changes in the law may make you eligible in the future, so stay informed about expungement reform efforts in your state.