Expungement Guide

Expungement Forms

Filing for expungement is a difficult process and can also be lengthy. But because of the Internet, forms can be found with ease. Many website offer PDFs and links for filling out the proper files and papers.

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:
Expungement Letter
Alabama Expungement
Alaska Expungement


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My husband has a felony charge of forgery that he received 26 yrs ago. We are now seeking to adopt, and are having problems with his record. Can we get this expunged? He was only 18 at the time and has no other convictions.

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Penny Jenkins
Friday, May 18, 2012

I was convicted of class 6 felony (unlawful wounding) judge said I took self defense too far. It has been 10 yrs

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Brad
Monday, May 14, 2012

not had charge since and would like to have my rights restored and record sealed for employment purposes.. I have a family to support with 2 kids.. Is there any helpful advice you have please.. I was scared in to take the plea or face 25 years.. what can I do

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Brad
Monday, May 14, 2012

in VA and off papers.. Was sentence to 5 suspended and paid all fines... Done with all

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Brad
Monday, May 14, 2012

I had a felony possession charge back in 1973 as a result of being with the wrong people during a sting operation. I did my 15 yr propation and am 65 now embarrassed about the issue and a working contractor, can you help.

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Lee
Wednesday, May 9, 2012

I was convicted of extreme dui in Arizona in 1998 and did 4 months in prison, first felony,been clean ever since.can I purchase a gun now,it's been 14 years now.

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vicente Diaz.
Tuesday, May 8, 2012

Not likely as having a felony record will prevent you from purchasing and/or possessing a firearm for life.
Some states do allow for the expungement of Felony records but in doing so will most likely still prohibit the purchase and/or possession of firearms.

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Wednesday, May 9, 2012

Can you teach in
wisconsin with a expunged misdemeanor record

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Brenda
Wednesday, May 2, 2012

How long after your conviction do you have to wait until you can petition for expungement? Do you need a lawyer and if so how much does this process usually cost? I get my AA degree next spring then I want continue my education at a univerity in a teaching program and with a felony this all won't be possible. I really need some good advise. Thank you

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April
Tuesday, April 24, 2012

I have a class 6 Felony ( DUI ) and live in South Dakota, am I eligible of expungment or a pardon? The sentancing date was 5 years ago.

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LANE
Saturday, April 21, 2012

30 years ago I was convicted for a trace amount of cocaine and put in the first offenders program which I completed. Do you think I would be successful getting this expunged. I am an honorably discharged veteran with a B.S. degree, I have a family, and own my own home in Delaware, Thanks

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Fred
Friday, April 20, 2012

I am searching for the answer to an Expungement for a Friend who has all but given up on this. now i dont know if it was in New york or Pennsylvania But it was a Vehicular Manslaughter 2nd and it was 28 years ago. With NO contact with the law or Alcohol since. This poor woman cannot get a job AT ALL ... not even at Dominoes! She is now 67 YEARS OLD! I find it hard to believe that this could financially and socially Cripple somebody for all these years with no recourse.
Thanks....


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Keyzzdzz
Wednesday, April 18, 2012

My husband is being charged with a crime he commited a year ago. He is being charged with intent to sell a dangerous drug. It is a class two felony. What is the minimum amount of jail time, I have been doing research and have noticed that jail time is not always necessary but yet the cops keep telling us that the minimum is three months in jail. I was curious if there is any way for him to have this exponged once he is released and if there is any way around serving time. There is also a 2100 dollar fine for this mishap. They had never sent the court paperwork to him so he did not attend court and a warrant was put out for him. Cops barged into our house at eight in the morning and arrested him. Any advice on this situation? The plea bargin is 3 months in jail and 2100 dollars. if we were to try and fight it it would be a 5 to 15 year time in prison.

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Katie
Monday, April 16, 2012

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