Filing for expungement is a difficult and time-consuming process. However, thanks to the Internet, forms can be easily found. Many websites provide PDFs and links for completing the necessary files and papers.
Filing for expungement is a step-by-step process that must be followed exactly. Before beginning, the first step is to research criminal case history. A printout of the criminal case history must be obtained, and it must include all criminal cases in which a person was charged with a crime, including cases where no conviction was obtained. The details of each case history must be meticulously recorded in court forms.
The second step is to obtain the proper court forms. This can be accomplished by either downloading criminal expungement forms from the Internet or purchasing pre-printed forms in a packet, as well as forms for criminal case history, from a local courthouse.
The third step entails filling out the forms, both the criminal expungement and criminal case history forms.
The final step is to serve notice of expungement on government offices. This is an important step that should not be overlooked, and it is the use of the Affidavit and Service Form EXP104, which serves as expungement papers in government offices that may have criminal case records. This is frequently the most difficult step because serving notice of the expungement petition is required. This step must be completed correctly and without errors. If an error is made and an expungement is granted, it may have an impact on government offices and must be resubmitted.
Arrest without Charge
A person may be arrested but not charged with a crime. This will not be recorded in court for that one incident. Regardless, the BCA and law enforcement agencies may have records on the event.
To handle these types of cases, a different procedure must be followed. For arrests without charges, a non-court expungement process must be initiated. Links to these forms, as well as additional information, can be found on websites.
Eligibility and Required Information
To apply for expungement and clear a previous criminal record, a person must first be aware of his or her criminal history. Whether a Certificate of Rehabilitation or a dismissal is requested, all details of previous convictions must be known in order to complete the necessary forms. These particulars will also determine whether or not a person is eligible for expungement.
The case number or numbers – also known as docket numbers – the date of conviction or convictions – also known as the date of the plea or verdict – and the code name or names and section numbers of the convictions of violation are all required to fill out the court forms.
Other personal information must be known, such as whether or not a plea was entered or a verdict; whether or not the plea was guilty or nolo contendere; whether or not probation time was served and for how long; whether or not a person was ordered to pay fines, restitution, or reimbursement; whether or not there was a state prison sentencing and for how long; when was there a release; and when did parole end.