Eligibility

• Call the department of law enforcement or a state attorney's office in the state in which you were charged for the crime you wish to expunge, and ask if that state authorizes the expunction of a criminal record. Not all states allow you to expunge your record. Because certain types of crimes render you ineligible for expunction, compare your charge to the list of disqualifying crimes in your state's statutes regarding "expunging, sealing, or modifying a criminal record." Many states have an application for eligibility that lists all information required to determine whether you may expunge your record. You can obtain the application from the department of law enforcement or the state attorney's office. If you are not eligible for expunction, you may still be eligible for sealing of your record. While sealing a record does not erase a charge, it provides severely restricted disclosure of that charge.
  
  

Petition

• Write and file a petition for expunction with the court in the jurisdiction in which you were charged or convicted. You can download templates for a petition to expunge in each state at http://forms.findlaw.com or www.findforms.com. Include the reasons why you require the expunction of your record in the petition. Generally, a person may request that a court expunge just one charge from his record, and such a request may be made only once during his lifetime.
  
  

Hearing

• Set the petition for a hearing. Call the clerk of court and ask which judge will decide your petition. Because the procedures for setting a hearing often vary significantly even among judges in the same jurisdiction, contact the judge's assistant to obtain instructions for setting a hearing. During the hearing, you or your attorney will have the opportunity to explain to the judge why she should grant the expunction of your record. Do not cloud the issue by explaining why the charge was unfair; stick to reasons why you need the expunction for the future. Even though expunction erases a charge from your record, you may still have to disclose that you have been granted an expunction under certain circumstances, such as applying for certain professional licenses or running for elected office.