Listed below are the types of cases that apply to this section.
- If you were arrested but you were not charged with a crime you fall into this category. This counts for juvenile court as well
- If you were arrested and charged with a crime but that charge was dropped after an appeal process, then you are also in this category.
For Section 1 cases, the waiting period to begin expungement is 1 year after you were arrested. You can begin filing your petition in the county you were charged in after the wait period is over. If you were not charged then you can file your petition in the county where you were arrested. Once the petition is filed, the process become confidential, meaning your appeal for expungement will not show up on any public records.
The information below needs to be included in your petition for Expungement. This list may not complete just an example of some of the information that will be needed to process the Expungement.
- Arrest date
- The country where you were arrested
- The police department that made the arrest
- Your date of birth
- Your social security number
Before we go to court we must notify your prosecuting attorney about your petition for expungement.
Once we go to court, we must show that the proper waiting period has passed. We must also demonstrate that your arrest did not lead to a conviction or that your conviction was dropped based on appeal. And finally we must demonstrate that there are no outstanding charges against you.
After we have shown the following information above, it is up to the prosecuting attorney to decide whether or not the court should have a hearing about your petition. If he decides a hearing is not needed, then the court can decide to expunge your case.
The court will not expunge your case if you do not meet the above requirement or if you still have pending convictions.
If you meet the above requirements and the court rules in your favor then your conviction will be expunged. Your record will be sealed from the public and removed from criminal databases. In 2014 legislation was passed no longer requiring the records of your petition to be sealed. Be sure to discuss this information further with your attorney.
After you conviction is expunged your rights as a citizen are restored. You may vote, run for public office, and serve as a juror. It also becomes illegal to discriminate against you when applying for jobs or permits because of your previous conviction. When asked whether or not you have been arrested or convicted of a crime that has not been expunged on applications, you are not required to list your expunged case.
It is important to make sure you are qualified for expungement because you only have one chance in your life to file a petition.
Contact us and we can make sure that you are qualified for expungement and that your record gets cleared.