How to Seek an Expungement
- 1). Review the law in your jurisdiction governing expungement. These laws differ from state to state as well as between the states and the federal government. You need to determine upfront whether you even would qualify for an expungement.
- 2). Make sure that the appropriate amount of time has passed from the conclusion of your sentence, including any period of parole. In a majority of jurisdictions, for most cases, at least five years must elapse between the conclusion of a sentence and the request for expungement.
- 3). Confirm that your crime and conviction qualify for expungement. Not all crimes can be erased from a person's record. This also differs from one state to the next. Less serious crimes are more apt to be expunged. Serious, violent crimes tend not to qualify for consideration.
- 4). Prepare and file a motion or petition, depending on the jurisdiction, for expungement. This does not need to be complicated. Include the crime at issue, when you were convicted, the length and type of sentence served, when you completed that sentence and that you have no additional charges or convictions. Some courts provide standard forms that can be used to seek an expungement.
- 5). Contact the appropriate prosecuting attorney to ascertain whether the prosecutor will oppose your request. In many cases, the prosecuting attorney will not be opposed, meaning you probably will not have a problem obtaining an expungement.
- 6). After obtaining the prosecuting attorney's agreement, prepare and submit a proposed agreed order to the court.
- 7). If there is no agreement with the prosecuting attorney, prepare to make your arguments to the court. The hearing will not be complicated or overly formal. You must set forth the reasons why an expungement should be granted.
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