Steps to Complete the Expunction Process
1. If you are seeking an expunction of your record, you must obtain and complete a checklist prepared by the district attorney’s office where the conviction occurred.
2. You will be required to obtain all of the documents and records in the checklist and submit them to the district attorney where you obtained the checklist.
3. Once the district attorney is satisfied that you have supplied all of the required information, the district attorney will provide you with a petition to submit to the court clerk where the conviction occurred. (Note: The district attorney may tell you that you do not qualify for expunction. You are still entitled to file the petition with the court. However, the district attorney will likely oppose your request.)
4. Upon submission of the petition to the clerk you will be required to pay all of the required fees, which include a $180.00 fee to file the petition and any other fees required by the court clerk. THESE FEES ARE NOT REFUNDABLE.
5. Within 60 days of submitting the petition, the district attorney may submit recommendations to the court. The district attorney is required to provide a copy of such recommendations to you. During this 60 day time period, each party may submit evidence to the court in support of the case.
6. If the court denies the application, you may not file another application for expunction for at least two years from the date of the denial.
If your request is granted, you will be entitled to a copy of the order of expunction and this copy will be sufficient proof that you are no longer under any disability, disqualification or other adverse consequence resulting from the conviction that has been expunged.