How to File for Expungement of Arrest
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Obtain your record of arrest.Hospital Files image by PinkSony from Fotolia.com
Obtain the record of your arrest and the record of how the case was resolved. To obtain your record of arrest, go to the police department in the jurisdiction where you were arrested and simply request the record. If you have been arrested more than one time, obtain all of your arrest records. The records dealing with how your case was resolved can usually be found in the county courthouse. - 2
Having an arrest record, even if you are innocent, could hurt your ability to get hired and find housing.Dockside Housing image by Peter Jarvis from Fotolia.com
Review your state law. The Sentencing Project, a non-profit that seeks to reduce the criminal justice system's reliance on incarceration as a punishment, has put together a good summary of state laws dealing with expungements entitled "Relief from the Collateral Consequences of a Criminal Conviction: A State-By-State Resource Guide." The summary is available on the Sentencing Project's website. - 3
Computerized databases store lots of information.computers image by Olga Chernetskaya from Fotolia.com
Consult an attorney. There are many benefits to using an attorney. A criminal defense attorney is likely to have experience getting records expunged. In some cases, a prosecutor may object to having a record expunged. If the prosecutor does object, he or she must do so in conformity with the law. A lawyer can determine whether the grounds under which the prosecutor is allowed to object. If you cannot afford an attorney, some legal aid societies in your area, such as the Legal Aid Society of Cleveland, may help you for free. Law enforcement officials generally share information on computerized databases at the state and federal level, and a criminal lawyer is likely to be familiar with the process of getting your information removed from those databases. In some cases, the process of expungement requires a civil suit in which you seek a court order for the destruction of the records. - 4
Getting a record expunged may cost some money.stack of cash image by jimcox40 from Fotolia.com
Fill out the forms, pay the filing fee and follow your lawyer's advice. The process is different in each state as are the forms you need to fill out. In Michigan, for example, the form is called an "application to set aside a criminal conviction." In California, that form is called a "petition and order for expungement." Findlaw has compiled the necessary forms for several states (see Resources). Follow the advice of your lawyer.
