Expunge criminal file
Applications to expunge "misdemeanor marijuana convictions" can be filed beginning April 11, Applications to set aside first-time operating while impaired offenses can be filed beginning February 19, Contact Criminal Trials and Appeals Division.
Michigan Department of Attorney General W. Ottawa St. Browsers that can not handle javascript will not be able to access some features of this site. Some functions of this site are disabled for browsers blocking jQuery. Close Search Box. Mail-Service Requests: You will be notified by U. Question: Once my expungement certification is complete, where do I go to retrieve it? Answer: Online Requests: Visit this site to retrieve your certification packet. In-Person Requests: You will receive your certification packet by U.
Mail-Service Requests: You will receive your certification packet by U. Question: Is an expungement certification the same thing as an expungement? Answer: No. Only a judge can grant an expungement. After you receive your certification, you will still need to file a petition for an expungement with the Office of Circuit Court Clerk in the county where the original charge was filed. This action sets the expungement process in motion through the courts.
Question: What do I do after I receive my certification? Answer: File the appropriate petition for expungement with the Office of Circuit Court Clerk in the county where the original charge was filed. The petition must be filed before the certification expires in 30 days. The Administrative Office of the Courts is prohibited from providing legal advice. If you need help filing an expungement petition, you might want to consult with an attorney. Answer: Circuit court clerks maintain court records and have offices in every Kentucky county.
For a directory of circuit court clerks, click here. Question: I think there might be a problem with the results of my certification. What do I do? Answer: If you have questions about the results of your certification, contact the Kentucky State Police at Question: I think the information on my background check is incorrect.
Answer: If you have questions about the results of your criminal record report, contact the Records Unit at the Administrative Office of the Courts at Question: Are there benefits to requesting an expungement certification electronically? Answer: Yes. If you make your request online, you will receive email notifications throughout the process, you can check on the status of your certification online and you can download your certification packet as soon as it becomes available. Question: My certification says I'm ineligible for an expungement.
Can I still file for an expungement? Answer: Yes, you may still file for an expungement. Only a judge can grant an expungement and you may file a petition for expungement regardless of the eligibility determination by the Kentucky State Police. Question: What makes a charge eligible for expungement? Answer: The conditions that make a charge eligible for expungement can be found in these Kentucky Revised Statutes:. Skip to main navigation Skip to main content. Expungement Certification Process Main Content.
Steps to Obtain an Expungement Certification. An email account is required and will be verified during registration. Complete the online request form. Check your email for notification when the certification packet is available online. Log in to the registration site to download the certification packet. File the certification documents and the proper expungement petition with the Office of Circuit Court Clerk in the county where the original charge was filed. Related Articles.
Article Summary. Co-authored by Clinton M. Part 1. Know what expungement does. Most criminal conviction records are available to anyone who wants to search for them. Expunging your record will alter your record, removing or diminishing many offenses. The details about how the state manages your criminal record after expungement will depend on your state. Regardless of where you live though, expungement allows you to legally answer that you do not have a criminal record.
This is important for employment or rental applications. In some states like Michigan, the court removes records of the crime from public inspection. But, the disposition of the case will show that the court dismissed the case. An expunged conviction will often remain on your criminal record for certain purposes. This includes sex offender registration and immigration. Consider sealing your record. The state may ultimately destroy records. A sealed record still exists, but will not viewable through ordinary means.
The first step in getting a record sealed is to petition the law enforcement agency that arrested you, or the court. In California, for example, you must fill out a form and return it to the applicable law enforcement agency. Code Or, you can petition the court directly. In most cases, a judge will make the decision at a hearing.
To give yourself the best possible chance of getting the outcome you want, it's advisable to work with an attorney. Consider seeking a pardon. Individuals who have been convicted of a crime may apply for a pardon. If granted, a pardon may restore certain rights such as the right to serve on a jury as well as the right to bear arms.
Code Civ. Generally, applicants for pardons must complete probation or parole. A certain period of time must then pass without further criminal activity. A pardon does not necessarily seal or expunge a criminal record. A pardon is a gesture of forgiveness that restores certain rights. Pardons are becoming increasingly rare.
In some states like California, individuals with criminal records may apply for a direct pardon. In other states, like Arkansas, applications are available online. Consider a certificate of innocence. A certificate of actual innocence goes further than a regular expungement. It proves that you were innocent, and that the conviction or arrest never should have happened in the first place.
If you are able to meet your states requirements, you can ask for this certificate. In some states, if you have already had your record expunged, you may not be eligible for a finding of factual innocence.
You might also be eligible if the court dismissed your case, or if a jury acquitted you. Usually this must occur within a specified period of time after the arrest. In California, for example, you must do so within two years after the arrest. If the law enforcement agency denies your request, you can then petition the court to grant your request.
It is advisable to work with an attorney. Get a Certificate of Rehabilitation. In some states, you can get a Certificate of Rehabilitation to clear up your criminal record. This is a court order declaring that you have been rehabilitated. It may also relieve certain sex offenders from their duty to register.
For example, in California you must submit letters of character and other documents as part of the petition. Understand who's eligible for expungement. Every state has different requirements about who is eligible for expungement. Expungement exists to clear the records of people who probably won't receive further convictions.
The following circumstances generally make someone eligible for expungement: [18] X Research source [19] X Research source Being a first-time offender Having an arrest or misdemeanor conviction, as opposed to a felony conviction Being a juvenile at the time of conviction Having already served out the sentence Going a year without further offenses after conviction Having a drug offense. Part 2.
Find out whether you're eligible for an expungement.
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