Get Record Expunged
Q: How do I get my record expunged?
A: To get your record expunged, you have to file for an expungement petition, which is the ordering that the conviction be set to the side, a plea of not guilty entered, and the complaint is dismissed.
Q: Does the judge just review my declaration to get my record expunged?
A: No, the clerk is required to run a printout from the Department of Justice [DOJ] and a printout from the Department of Motor Vehicles [DMV]. This is attached to your declaration for the judge to look at. If, at the end of your probation, you were on Formal Probation [reporting to a probation officer], your Expungement declaration will be forwarded to the District Attorney's Office for comment. Their comments will be attached to your declaration for the judge to look at.
Q: How will I know if I will get my record expunged or not?
A: The clerk will review the paperwork that you have submitted. If everything is not filled out, the form will be returned to you for completion. Please fill out the form completely. If you need help in filling out the form, please contact the your state's Self-Help Legal Access Center. Once the clerk has sent and received the paperwork from the judge, the court's data network is updated and copies of the signed declaration are filed and mailed to you.
Q: How long does it take for my record to get expunged?
A: It will take roughly three-four weeks for this process. However, if there is a hearing as to Application for Waiver of Court Fees and Costs scheduled or the declaration is sent to the District Attorney for comment, it may take more time.
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