If you want to clear your adult or juvenile criminal records, you must follow the procedures established in the state where you were convicted for expunging the records or setting aside the convictions on which the records are based. An expungement or set-aside order will result in your records being cleared by erasing, destroying or otherwise sealing the records from public view. However, not all states permit expungement of criminal records or setting aside of criminal convictions. In states that permit either procedure, there are various limitations on the types of records that can be cleared and the conditions necessary to qualify for having the records cleared.
Step 1
Obtain information regarding expungement or setting aside of criminal records in the state where you were convicted. The easiest place to obtain such information is from the office of the clerk of court where your convictions occurred. States that permit expungement of adult and juvenile records, such as New Jersey, will often prepare a packet of information regarding the state's expungement requirements and procedures, as well as copies of the necessary court forms. In other states, such as California, you can find this information on the state court's website.
Step 2
Obtain the available pre-printed court forms for expungement or set-aside requests in the state where you were convicted. Again, the office of the clerk of court will have this information, or you may be able to download the forms from the state court's website, such as in California and Utah. If your state does not provide pre-printed forms, the local law library in your state will have information regarding the general format for motions or petitions to request an expungement or setting aside of a criminal record.
Step 3
Gather all the documents and information regarding the criminal records you want cleared, so that you can prepare your petition for expungement or setting aside the convictions. You should have case records showing the charges and dates of your convictions. Also obtain any compliance documents, such as completion of a court-ordered alcohol program related to a DUI conviction.
Step 4
Complete the pre-printed court forms or your own petition for expungement or setting aside of your conviction using the information from the documents you gathered in Step 3. All the relevant information about your convictions, from arrest to completion of your sentence or probation, should be included. A specific request stating that you want your criminal records expunged or set-aside should be stated in your documents.
Step 5
File your completed documents with the office of the clerk of court where you were convicted. Depending on the rules of the court, you may have to pay a filing fee. Some courts may also set a hearing date for the court to rule on your petition. You should appear at the hearing and expect questions from the judge about why you should have your criminal records expunged or conviction set-aside.
Tips and Warnings
- The variance between state laws that permit expungement or setting aside of criminal convictions is so great that this is an area of law where an attorney's advice is necessary. You may also easily find out through an attorney that the state where you were convicted does not permit expungement or setting aside of conviction, in which case there will be no way to clear your records.
Things You'll Need
- Case documents
- Compliance documents
- Court forms
