Monday, March 3, 2014

get-criminal-records-sealed-for-firsttime

If you don't want your employer to see this, you need to expunge your criminal record.


A criminal record can make your life much more complicated. Basics, such as finding employment, applying to a private university, adopting, applying for a mortgage or even starting a romantic relationship, can become problematic if people can access your criminal record. However, if you're a first-time offender, you have the right to file for an expungement of your record, which means that only a limited number of people with special access rights can view your criminal history. The legal process for expunging your criminal record varies by state, but the same general guidelines apply to all jurisdictions.


Instructions


1. Find out what your criminal record is. You cannot clear or seal it if you don't know what it is. You'll need specific information on your case to fill in forms requesting that your record be sealed. Apply for a copy of your criminal record from the county or state in which you were charged. You may contact the FBI if you're not sure apply for records in a particular state.


2. Write down, if applicable, the docket number, date of conviction, law(s) you were accused of breaking, your plea, the verdict, probation terms, the prison you were sentenced to and your release date.


3. Get expungement forms for the case you want to seal. You can access these forms by visiting the courthouse where you were charged or by downloading them from the state court's website. You'll need three forms: a notice of hearing and petition of expungement; an order concerning sealing of records; and an affidavit of service.


4. Fill out the expungement forms. Include any aliases or other names you've been known by, as well as your previous and current addresses. Ensure the information you provide is accurate.


5. State why you want your criminal history sealed. Explain the problems your criminal record causes you and the benefits you'll receive if it's sealed. Be convincing and provide solid reasoning. The judge assessing your request will carefully weigh the benefits you'll receive from having your record expunged against the disadvantages it may cause to the community.


6. Choose the reason you qualify for an expungement. There a four main reasons: your case was dismissed; you were judged as an adult for a crime you committed when underage; you were found not guilty; or you are now completely rehabilitated and the benefits you'll enjoy outweigh the disadvantages to the community.


7. Notarize your signature on the last page of the petition. Attach any additional pages you used to respond to your petition's questionnaire.


8. Ask a friend or relative to serve your petition, order and affidavit of service forms to all the offices that have the right to keep a record of your criminal history. Which offices this includes varies from state to state, but will generally include the county attorney's office, the sheriff's office, the probation department, the police department and the prosecutor's office. You cannot serve your own forms, so make sure your server is older than 18 and has a photo identification document. Ask your server to fill in her section of the affidavit of service form.


9. File your forms with the court. This includes filing the petition, the order concerning sealing and the original affidavits of service for your case. If you were convicted for the crime you wish to seal, you'll need to pay a filing fee. You'll be given a hearing date to discuss your request. Attend the hearing and give testimony as requested.








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