How to Get Criminal Cases Sealed or Expunged

Depending on the state, the time that has passed and the initial crime, an individual may be able to get a criminal case sealed or expunged. Everything from obtaining a passport or a driver's license to getting a job is harder with a criminal record. It is best to consult a lawyer who specializes in your time of criminal case for assistance.

File a formal written request for your criminal record from the proper jurisdiction in your community. Obtaining your criminal record has a different procedure and requirements in each state.  Be sure your request is as detailed and specific as possible.

Perform a criminal records check in each of the jurisdictions where you were tried in a criminal case. For example, if you were tried in Missouri and Ohio, you would need to run a criminal records check in each of these states for all of their records.

When no records are found in this search, you are done. There is no need to proceed because there is no criminal record to seal or expunge. However, if there is a criminal record in any state, file your petition with the clerk's office to expunge or seal your record.

Consult with a lawyer for specific laws in your state or check with the circuit court clerk's office for specific laws for your state. Expunging laws are different in each state and in some; there is a limit to expunging a criminal case if the individual only has one conviction.  Sex crimes such as sexual assault are nearly impossible to expunge although many times the court will consider sealing them.

Think about a request for a pardon if you are unsuccessful attempting to get your criminal record expunged or sealed. If you have committed a federal crime, your request needs to go to the White House and the president. You should include with your request, several signed affidavits from individuals who know you personally to have good character.