How do you file an expungement form?


Quick Answer

An expungement form is usually filed at the court of jurisdiction where the applicant was arrested and charged with the crime in question, according to the Oregon State Police. Some states permit the application even in the event of a conviction, according to the Utah State Judiciary.

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Full Answer

Expungement forms are filed for a variety of crimes with the objective of sealing the records of investigation, arrest, detention or conviction from public view. An expungement merely restricts access to these records by a court order or statutory authority, according to the Minnesota Judicial Branch. Applications for the expungement of eviction records are usually handled by the local housing court. Criminal and civil expungements usually require the payment of a fee that varies from state to state and depends on the nature of the offence, according to the Office of the Public Defender, San Diego and the New Jersey Judiciary.

The expungement of arrest and criminal records is a long process that takes between four and seven months to complete, according to the Minnesota Judicial Branch. This process requires applicants to submit a complete dossier of prior arrests, trials and convictions to the court of jurisdiction. This dossier is reviewed against the applicant's criminal record and placed before the court for a judgement, according to the Utah State Judiciary and the Georgia Justice Project. An expungement is then processed only if the judge rules in favor of the applicant. Most states usually do not allow the expungement of an applicant's entire criminal record, but require a separate application for each case, according to the Georgia Justice Project.

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