Step by Step Process
Filing for expungement is a step by step process that must be followed without any shortcuts. The first step includes finding criminal case history before beginning. A printout of criminal case history must be obtained and must include all of the criminal cases in which a person was charge with a crime - this includes cases without conviction. The details of each case history must be recorded thoroughly and in detail in the court forms.
The second step includes receiving the correct court forms. This can be done by downloading criminal expungement forms via the Internet or via purchase of pre-printed forms in a packet as well as forms for criminal case history at a local courthouse.
The third step includes completing the forms, both the criminal expungement forms and the criminal case history forms.
The fourth and final step includes serving notice of expungement on government offices. This is an important step not to miss and is the usage of the Affidavit and Service Form EXP104, which serves as expungement papers in government offices that will possibly have records of criminal cases. This is often the most difficult step because it requires serving notice of the expungement petition. This step must be done correctly and without mistakes. If a mistake is made and an expungement is granted, it may affect government offices and will have to be resubmitted.
Arrest without Charge
At times a person is arrested but is not charge with a crime. This will not be on court record for that one event. The BCA and law enforcement agencies may have records on the event nevertheless.
A different process must be taken to handle these kinds of cases. A non-court expungement process for arrests without charge must be filed. Internet sites can provide links to these forms as well as further information.
Eligibility and Necessary Information
To apply for expungement and clean a past criminal record, a person must know his or her past criminal history. Whether there is a request for a Certificate of Rehabilitation or a dismissal, all details of past convictions must be known to complete the necessary forms. These details will also give virtue to whether or not a person is eligible for expungement.
The details needed to fill out the court forms include the case number or numbers - also called docket numbers - the date of conviction or convictions - known as the date of the plea or verdict - and the code name or names and section numbers of the convictions of violation.
Other personal information must be know, which includes whether or not there was a plea entered or if there was a verdict; if there was a plea, whether or not it was guilty or nolo contendere; whether or not probation time was served and for how long; if a person was ordered to pay fines, restitution, or reimbursement; whether or not there was a state prison sentencing and for how long; when was there a release; and if there was parole, when it ended. See also: