how to get my record expunged without a lawyer

by Prof. Hosea Padberg 6 min read

Generally, to begin the legal process for expunging or sealing your records, you’ll need your copy of the criminal record, including written documentation of the arrest and/or the conviction you're hoping to expunge. If you don’t have yours, it’s usually available through the arresting agency.

Full Answer

Do I need a lawyer to expunge my record?

Fill the forms that are accessible online, and then the forms are to be filed with the court clerk in the county where you have been arrested or charged. If this involves more than one county, you should file differently in each of those counties (or in …

How do I get my criminal record expunged?

While it may seem like a fairly simple procedure, criminal record expungement is governed by a host of state statutes and local rules that must be followed. In Indiana, for example, a petitioner may seek to expunge a criminal record only once in their lifetime and must submit all requests within a one-year time frame.

Can I get my record expunged in New York?

Get copies of your criminal records, including all information about any arrests, charges, and disposition of those charges in court, then review your records to determine what can be expunged or sealed Fill out the forms, which are available online, then file the forms with the Clerk of Court in the county where you were arrested or faced charges.

Can a drug charge be expunged from your record?

 · Requesting expungement of your criminal record is possible, without the help of a licensed attorney. In fact, many states make the process understandable enough to do so on your own. Since the rules vary from state to state, it is advisable to …

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What crimes Cannot be expunged in Michigan?

What kinds of convictions are not eligible to be expunged?All offenses punishable by life imprisonment.Assault with intent to commit criminal sexual conduct.Child sexually abusive material or activity offenses.Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence.More items...•

How do you get a record removed?

A criminal record can be cleared in one of two ways: either by having the record sealed or getting the crimes expunged. The difference between the two is that the former closes off the record from public access, whereas the latter makes it seem as if the conviction or arrest never existed.

What crimes can be expunged in California?

Generally, an individual qualifies for an expungement under Penal Code 1203.4 if he or she: (1) committed a felony or misdemeanor and was not incarcerated in the California state prison, (2) fulfilled the terms of his/her probation, and (3) was not convicted of one of the specific crimes that make someone ineligible to ...

How long does expungement take in Texas?

In most instances, it takes about 30 days to schedule a hearing date after the petition for expunction is filed. The entire process usually takes from four to six weeks. If the court grants an expungement, it usually takes up to 180 days for local, state, and federal agencies to destroy their records.

Who qualifies for expungement?

You can apply to have your criminal record expunged when: a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years. the sentence was corporal punishment.

What felonies Cannot be expunged?

Crimes involving violence, endangerment to children, kidnapping, sexual assault, robbery, arson, terrorism, and severe injury or death of another person typically are not eligible for expungement.

What crimes Cannot be expunged California?

The Convictions That Cannot Be Expunged in California…Child pornography crimes.Certain sexual assault crimes.Committing lewd acts with a minor.Failure to submit to a police inspection of vehicle.

Can you do a self expungement in California?

Although true expungement does not exist in California, there may be options to clean your record depending on your situation. The law related to cleaning your record is complicated. If you ever get stuck, consider getting legal help.

How much does it cost to expunge your record in California?

Including Court Costs, ALL Legal Work and Court Appearances: Infraction Expungement $590* Misdemeanor Expungements $695* Misdemeanor DUI Expungement $820. Felony Expungement $915* (includes a reduction to a misdemeanor when eligible)

Who qualifies for expungement in Texas?

You must have been arrested, you must not have been convicted or served probation, and the charge that you want to be expunged must have been a misdemeanor or a felony. If you meet these three requirements, expunction is an option you should absolutely consider before proceeding with your criminal case.

How much does expungement cost in Texas?

How Much Will It Cost to Expunge My Criminal Record in Texas? As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.

What Cannot be expunged in Texas?

Most offenses that involve children, sexual assault, and violent acts are not eligible for record sealing in Texas. Also, offenders with a DWI, Driving While Intoxicated, (PC 49.04-49.08) are not eligible to have their offense sealed from their criminal record.

How can I clean my background check?

The only way to remove or update your information from an FCRA background check or regulated website is to contest the accuracy records or provide proof of expungement or sealing. Some employers are allowed to see certain expunged or sealed cases on an FCRA check.

Can I expunge my self in Texas?

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer. All you need is the proper forms and easy step-by-step instructions to complete your Texas expungement.

How do I expunge my record in Illinois?

o Step 1: Get copies of your criminal records. o Step 2: Review your criminal records and figure out if you can apply for expungement or sealing. o Step 3: Fill out the expungement and/or sealing form. o Step 4: File the form to begin the process.

How do you spell expungement?

Expungement (also called "expunction") is a court-ordered process in which the legal record of an arrest or a criminal conviction is "forgotten." Another way to see it is erasing a record in the eyes of the law or setting aside a criminal conviction.

Can you expunge a criminal record?

You must speak to an attorney who has experience with expungements in your state as the rules may not be the same everywhere. In general, a person may be eligible for expungement only if they have completed their sentence.

Can a conviction be expunged?

Convictions for non-violent crimes may be easier to expunge. However, violent felonies may be more difficult. In some states, certain violent felonies, like murder, may be barred entirely from expungement. You must speak with an attorney in your state to determine whether your criminal record can be expunged.

Do expungements happen automatically?

Expungements do not happen automatically, and proper procedures must be followed before an expungement is granted. Once an attorney has located the appropriate expungements statutes, they can help you determine if you are even eligible. In many states, some but not all offenses may be eligible for expungement.

Can a non-violent charge be expunged?

However, lesser non-violent offenses are more likely to be eligible for expungement. An attorney can review your case and figure out if you are even eligible for an expungement in the first place. Courts may have somewhat broad discretion when it comes to expungements.

Can a judge deny an expungement?

You may fill out all the forms and jump through all the hoops, but a judge could still deny your expungement at the end of the day. This level of discretion may be different in different states.

What happens if you get your conviction expunged?

Once these convictions are expunged from your criminal record, you will no longer be bound by their consequences. If your criminal conviction prevented you from voting in certain elections or owning a firearm, you would no longer be prevented from exercising those rights. You will also no longer have to inform certain people about your criminal ...

What happens if you get an expungement?

If a person is granted an expungement, they may be permitted to exercise rights and privileges they were previously barred from. Without a criminal record holding you back, you could get that new job that helps you turn your life around.

Can you expunge a criminal record?

Current criminal record . Many states are more likely to expunge your record if it's a first-time offense and you've completed all requirements (s uch as jail time and payments of all fines); however, if you have multiple offenses on your record, expungement is unlikely.

How to get an expungement?

Filing the appropriate paperwork and paying any required filing fees .#N#Some states require a petition for expungement.#N#After you file the paperwork and pay the fees, the court might automatically set your hearing date; if not, you must request a hearing date yourself. 1 Some states require a petition for expungement. 2 After you file the paperwork and pay the fees, the court might automatically set your hearing date; if not, you must request a hearing date yourself.

What does expungement mean?

Simply put, record expungement is a way to make your criminal history or arrest record disappear (or, at least, a certain offense). Having a record expunged means your record is no longer accessible to the public and you legally can answer “no" if asked whether you've been charged with or convicted of a crime.

What is the highest form of expungement?

Thus, a Certificate of Actual Innocence is the highest form of record expungement. Not only does a Certificate of Actual Innocence expunge a criminal record, but also it states that the record never should have existed in the first place.

Do criminal records disappear?

Unlike certain minor driving violations (and the points they add to your driver's license), criminal records don't eventually disappear. They hang around and—because of background checks—make it difficult for people to manage everything from finding employment and renting a home to applying for college and traveling abroad. ...

What does it mean when you get a pardon?

When you receive a pardon for a criminal offense, it means you've been forgiven for that crime; however, pardons show up as part of your criminal history right along with the conviction unless part of the pardon conditions state you can apply to have the record expunged. Generally, judges don't have the authority to issue pardons.

What is a certificate of actual innocence?

Certificate of Actual Innocence. As the name implies, a Certificate of Actual Innocence is reserved for someone found not guilty of a crime . Remember, even if you're charged with a crime and found not guilty, you still could have a criminal record of that event. Thus, a Certificate of Actual Innocence is the highest form of record expungement.

How to get your criminal record erased?

In the following cases you may be eligible to erase your criminal record through expungement if: 1 Your arrest did not result in a criminal charge 2 You were found not guilty by a judge or a jury 3 Your criminal record exists because someone misrepresented themselves as you when they were arrested (this is identity theft, but you will still need to clean your record) 4 You have plead guilty to a Class C misdemeanor alcohol crime such as public intoxication 5 A grand jury “no billed” an indictment against you 6 You complied with the terms of deferred adjudication for a Class C misdemeanor

Can a Class C misdemeanor be expunged?

People who have a felony conviction on their record in the five years prior to the arrest they are seeking to expunge will not be able to expunge that arrest. Most offenses other than Class C misdemeanors that result in a conviction also cannot be expunged, with certain specific exceptions.

What is a non disclosure order?

If you have successfully completed Deferred Adjudication for a misdemeanor or felony, you may be eligible for an Order of Non-Disclosure which is document that a judge signs, ordering all public agencies to no longer release information about the deferred adjudication punishment you completed. :: LEARN MORE.

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