How to Expunge a Criminal History
- 1). Get a copy of your criminal record or the case information for the arrest or conviction you would like expunged. The procedure for doing this may vary from jurisdiction to jurisdiction, so call the courthouse where your case was handled before you go. Make sure to take all of your personal information--government-issued ID, Social Security card, birth certificate and date of the offense or hearings.
- 2). Check the laws in the state in which you were arrested or convicted by calling your state department for public safety or attorney general's office. Some states define "expungement" differently. While in most states, it means having a record sealed, other states completely destroy the record. In many states, anyone arrested for and convicted of a violent felony cannot have their record--which can include fingerprints and DNA evidence--expunged.
- 3). Wait at least the minimum amount of time after the arrest or conviction to request expungement. Generally, all confinement and or probation must be completed and all fines paid before you can make the request. Some states require a waiting period of three to five years after everything has been completed and paid before entertaining the request.
- 4). Use the records you obtain to show that criminal proceedings were dismissed, that you were found acquitted or not guilty or that you were discharged without conviction. If you were released before formal charges were filed, expungement may be more likely.
- 5). Do not get arrested or convicted again prior to the request. Minor traffic tickets do not matter in most jurisdictions. You will not be granted expungement if arrests or convictions are pending in any other state or jurisdiction.
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