The process of having a criminal or misdemeanor record expunged is complicated. For the expunction of a non-violent misdemeanor or non-violent felony, an attorney will need to file a petition in the court where the person was convicted.
Criteria The Petition Must Include
An affidavit by the petitioner that he or she has been of good moral character since the date of conviction and has not been convicted of any other crime, excluding traffic violations
Verified affidavits of two persons who are not related to the petitioner or to each other by blood or marriage testifying to the petitioner’s good moral character
A statement that the petition is a motion in the cause in the case wherein the petitioner was convicted
An affidavit by the petitioner that no restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner are outstanding
The district attorney will have 30 days from when to petition is filed to object. The court may sometimes grant the district attorney another 30 days to object to the position if necessary. The judge may call upon a probation officer for additional investigation or verification of the petitioner’s conduct since the conviction. The court also may review any other information the court may deem relevant.
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