How To Write A Letter To A Judge Asking For Expungement?


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In most states, if you have been arrested or convicted of a felony, you may appeal to a judge to have record of the arrest or conviction cleared from your record. However, judges only may clear your record of crimes for which you were arrested or convicted in state you are applying to. Some violations may not be expunged but most misdemeanors are eligible for expungement.

Firstly you need to request a copy of your criminal history. To do this, make an appointment for fingerprinting at your county sheriff's office. Submit the fingerprint card and a letter requesting your criminal history to the State Police. Enclose a check or money order for $33 (fee as of 2011) made payable to the your State Police.

You should then purchase the court forms for expungement from a stationery store. Many courts only accept standard forms, which include the Order Setting Aside Arrest (or Conviction), Motion for Setting Aside Arrest (or Conviction) and Affidavit RE Setting Aside Arrest (or Conviction). Complete the court forms. You should make two copies of these forms, one copy for your records and one copy for the prosecuting attorney (the district attorney) involved in your arrest or conviction. File the originals of these documents with the court that handled the conviction. Send a copy of the forms and the original fingerprint card to the district attorney's office. Enclose a check or money order for $80 (fee as of 2011) made payable to your State’s Police, if there was a conviction.

You will then have to wait a few weeks for the district attorney's office to respond to the motion. During this time, the district attorney will, with the original fingerprint card submission, verify that there are no pending criminal charges against you and that there are no outstanding warrants for your arrest. If there are no problems with your paperwork, the district attorney will not object to the motion and the court will mail you a signed order of the expungement.

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