Criminal records may be sealed under some circumstances.
A criminal record can be a major obstacle in getting hired for a job as well as obtaining anything from a driver’s license to a passport. Fortunately, criminal cases may be sealed or expunged in certain circumstances. The process depends on the state, offense and amount of time that has passed since the case occurred. For best results, consult an attorney about how criminal cases may be expunged or sealed in your jurisdiction. He will be able to provide advice on legal strategies and actions.
Instructions
1. Obtain your criminal record from your local jurisdiction. The procedure varies by state but usually involves contacting the local crcuit court clerk and filing a formal request for records of your case. Make sure your request is as specific as possible, including information such as prior names or known aliases. Note that these records only pertain to cases held in court and are distinct from any arrest reports made by law enforcement agencies
2. Run a criminal record check for any jurisdiction where you were tried in a criminal case. For example, you will need to file separate requests in Arkansas and Nebraska if you had cases in both states previously. If no records have turned up after completing steps 1 and 2, you are home free, with no records to be expunged.
3. File a petition with the clerk’s office to seal or expunge your criminal record in the applicable jurisdiction (or jurisdictions). Expungement laws vary by state. In certain states, expungement may be limited to individuals with only a single conviction. Records may be sealed but not expunged (i.e., destroyed). Also, sex crimes are usually impossible to expunge. Consult with an attorney on specific laws in your jurisdiction.
4. Consider applying for a pardon if your case cannot be expunged. Pardon requests for state offenses are evaluated by the governor’s office. Pardon requests for federal offenses go all the way to the Oval Office. Submit a pardon application with extensive personal information, an explanation of your crime, your rehabilitation and residences and financial and employment history. Also submit affidavits from people who know you to testify to your good character.
Tips Warnings
Do not attempt to expunge records directly from the FBI’s Criminal Justice Information Services division. It will only expunge criminal records on the order of a court or arresting authority.
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