A criminal record can cost you a lot. With this record, it is harder to get employment or even rent an apartment. This is because, before you are employed, or you rent an apartment, the employer or the landlord may inquire about your criminal history. The only way to avoid this is through criminal record expungement. Having your criminal record expunged cleans your criminal record. But before you set out to have your record expunged, you need to remember that the process differs in every state. This means you first need to find out more about the process in your state. With that said, here are some steps to follow in getting your criminal record expunged.
1. Find out whether you qualify for expungement
Not everyone is eligible for expungement. Your qualification for expungement depends on the crime that you committed. The first thing you need to do is visit your state’s court website or courthouse, and inquire about the requirements you must fulfill. You should consider speaking with someone, preferably your lawyer to find out the way forward. There are cases where your future expungement is negotiated by your defense attorney. This negotiation ensures that the prosecutor will not oppose your expungement if you meet all requirements. Make sure you ask your lawyer if this negotiation took place to avoid any disappointment.
2. File a petition
The next step is to file a petition with the courthouse after confirming that you are eligible for expungement. There is a fee that you will be charged. The amount you pay varies from one state to another. After paying the fee, the courthouse will process your paperwork. You will then be given a hearing date for your expungement petition. There are some other forms that you may be required to have, depending on your state. For instance, you must complete and file a Petition for Dismissal form, submit an Order for Dismissal, and a Declaration in California. In Florida, you will need a copy of the disposition of the case, a certificate of eligibility form, and a set of fingerprints. Some states also require that you file the petition in the county where you were charged for that crime. You, therefore, need to familiarize yourself with your state’s requirements.
3. Hire an attorney
The process of having your criminal record expunged is a treacherous one. You need a lawyer to help you navigate it. An attorney is familiar with all the requirements of your state, and he or she will be able to help you have your record expunged. Most people make the mistake of pursuing their expungement themselves only to end up disappointed. Therefore, make sure you hire an attorney.
There you have it, three simple steps to follow for you criminal record expungement.