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Criminal Record Expungement

Expungement or record sealing is the process of requesting that the courts and/or law enforcement agencies seal or destroy criminal records. The definition of expungement or record sealing varies by state and the benefits of expungement or record sealing will vary. In many instances when a record is expunged or sealed, it cannot be viewed by the public and the applicant does not have to disclose any past criminal activity.

If your conviction was in federal court, you cannot have your conviction expunged. However, some states, such as Arizona, will allow you to petition to have all of your civil rights and gun rights restored after a federal conviction.

Using an attorney is not required by any court. Expungement of a criminal record is a criminal proceeding. The Sixth Amendment to the United States Constitution, applied to the states through the Fourteenth Amendment, grants the right of self-representation in all criminal matters.

However, the process of expunging a record, which varies by state, can be complex and confusing. In some states, it is just a matter of filing the required paperwork. In other states, it requires filing paperwork, collecting evidence, and arguing for expungement in front of a judge and against the arguments of a district attorney. So while you do not have to use an attorney, it may be wise to do so in some cases— especially if you have more than one conviction.
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Setting Aside of Judgement

One method of removing your criminal record is to have your arrest of conviction set aside. Depending on where the offense was committed this may or may not be an option. If setting aside is an option you will have to file a motion to set aside judgment to the court and then it is up to the judge to grant or deny it. Most often you will need some type of argument as to why you deserve your record cleared.
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Tips on Avoiding Scams

WARNING! Many people trying to clear their record get scammed by using a non-attorney to expunge or seal their record. Do not waste your money, give your confidential information, or blow, what may be your only chance to clear your record by using anyone other than a licensed attorney.

The internet is a great way to find a qualified attorney who can expunge or seal your criminal record at an affordable price. However, there are also several scam sites posing as attorneys. They call themselves “form processors,” “paralegals,” or a “legal service;” some go as far as to lie and say they are attorneys. Do not allow non-attorneys to take your money, waste your time, access your confidential information, let you become a victim of identity theft or blow what might be your only chance to clear your criminal record.
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Choosing An Expungement Attorney

As opposed to general practice attorneys, expungement attorneys are trained specifically in expungement law and know that getting your record expunged is important and can have a lifelong affect on you. An expungement attorney will make sure the job is done right and, what may be your only chance, is not blown. You can find dozens of good expungement lawyers on the internet who are qualified to help you clear your record. It is best to work with an attorney who specializes in record clearing. Here are some tips on choosing the best attorney to clear your criminal record.
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Do It Yourself Expungement

Using an attorney is not required by any court. Expungement of a criminal record is a criminal proceeding. The Sixth Amendment to the United States Constitution, applied to the states through the Fourteenth Amendment, grants the right of self-representation in all criminal matters.

However, the process of expunging a record, which varies by state, can be complex and confusing. In some states, it is just a matter of filing the required paperwork. In other states, it requires filing paperwork, collecting evidence, and arguing for expungement in front of a judge and against the arguments of a district attorney. So while you do not have to use an attorney, it may be wise to do so in some cases— especially if you have more than one conviction.
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Applying For A Pardon Or Clemency

In some cases, you may not be eligible for expungement, and your last option would be to apply for a pardon. Pardons are extremely rare, and considered a ‘last resort’. On average, less than 1 in 5,000 pardons are granted in the U.S. However, it is free to apply for a pardon in almost every state. You can obtain pardon forms for your state by clicking here.
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Eligibility Requirements

In general, most states have similar requirements to remove your criminal record. These requirements are only a guideline and are not set in stone and vary by state. The best way to find out if you are eligible for an expungement, record setting aside, or other methods of clearing your record is to take an online eligibility test or speak with an attorney.

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