Pro Se Expungement Guide

PRO SE EXPUNGEMENT GUIDE

A Step-by-Step Guide to Clearing Your Criminal Record

WHAT IS EXPUNGEMENT?

Expungement (also called "expunction" or "sealing") is a legal process that removes arrests and/or convictions from your public criminal record. After expungement, you may legally say you were not arrested or convicted in most situations.

Important Terms:

• Expungement: Record is destroyed or erased
• Sealing: Record is hidden from public but still exists
• Set Aside: Conviction is vacated but record may remain
• Pardon: Governor/President forgives the offense but record remains

WHY EXPUNGE YOUR RECORD?

A criminal record can affect:

• Employment opportunities
• Housing applications
• Professional licensing
• Educational opportunities
• Loan and credit applications
• Immigration status
• Firearm rights
• Child custody decisions

SECTION 1: DETERMINE YOUR ELIGIBILITY

What Type of Record Do You Have?

☐ Arrest only (no charges filed)
☐ Charges dismissed
☐ Acquittal (found not guilty)
☐ Deferred adjudication/diversion completed
☐ Misdemeanor conviction
☐ Felony conviction
☐ Juvenile record

Your Record Information

Offense: [________________________________]

Date of Arrest: [__/__/____]

Date of Conviction (if any): [__/__/____]

Case Number: [________________________________]

Court: [________________________________]

County: [________________________________]

Sentence Completed: [__/__/____]

Waiting Period Requirements

Most states require a waiting period after sentence completion:

My state's waiting period: [____] years

Earliest eligible date: [__/__/____]

SECTION 2: CHECK STATE-SPECIFIC REQUIREMENTS

States with Automatic Expungement (2026)

Some states now automatically expunge certain records:

• Utah (as of January 2026)
• California (certain offenses)
• New Jersey (certain offenses)
• Pennsylvania (certain misdemeanors)

☐ Check if your state has automatic expungement
☐ Check if your offense qualifies

Offenses That CANNOT Be Expunged (Typically)

☐ Sex offenses
☐ Violent felonies
☐ Crimes against children
☐ Domestic violence (in some states)
☐ DUI/DWI (in many states)
☐ Federal convictions (very limited options)

SECTION 3: OBTAIN YOUR CRIMINAL RECORD

Step 1: Get Your Official Record

You need a copy of your complete criminal record before filing.

State Criminal Record:

State Bureau of Investigation: [________________________________]

Website: [________________________________]

Fee: $[____]

☐ Request submitted: [__/__/____]

☐ Record received: [__/__/____]

FBI Record (if applicable):
☐ Submit fingerprints
☐ Pay $18 fee
☐ www.fbi.gov/services/cjis

Court Records:

☐ Request certified copies of court documents
☐ Sentencing order
☐ Order of dismissal
☐ Completion of probation documentation

SECTION 4: COMPLETE THE PETITION

Step 1: Obtain Expungement Forms

☐ Visit your county courthouse OR
☐ Download from court website OR
☐ Contact the clerk of court

Forms Typically Required:
☐ Petition/Application for Expungement
☐ Order of Expungement (blank for judge)
☐ Proposed Order (some courts)
☐ Background check results
☐ Fingerprint card (some states)
☐ Certificate of Eligibility (some states)

Step 2: Complete the Petition

Your Information:

Full Legal Name: [________________________________]

Any Aliases Used: [________________________________]

Date of Birth: [__/__/____]

Social Security Number: [________________________________]

Current Address: [________________________________]

Phone: [________________________________]

Case Information:

Original Case Number: [________________________________]

Date of Offense: [__/__/____]

Charge(s): [________________________________]

Final Disposition: [________________________________]

Date Case Closed: [__/__/____]

Step 3: Write Your Statement

Explain why you deserve expungement:

☐ Time since offense: [____] years
☐ Completion of all sentence requirements
☐ No subsequent arrests or convictions
☐ Employment or educational goals
☐ Community involvement
☐ Rehabilitation efforts

Sample Statement:

"I am seeking expungement of my [offense] from [date]. Since that time, I have [describe positive changes]. I have completed all court requirements including [list: probation, fines, community service, etc.]. I have not had any subsequent legal issues. Expungement would allow me to [explain how it would help: employment, housing, education, etc.]. I respectfully ask the court to grant this petition."

SECTION 5: FILE YOUR PETITION

Where to File

File in the court where your case was originally decided.

Court Name: [________________________________]

Court Address: [________________________________]

Filing Fee: $[____]

☐ Fee waiver requested

IMPORTANT: Some states (like New Jersey) offer FREE expungement filing.

Date Filed: [__/__/____]

Case Number Assigned: [________________________________]

Serve Required Parties

You may need to serve copies on:
☐ District Attorney/Prosecutor's Office
☐ Arresting law enforcement agency
☐ State Bureau of Investigation
☐ Other parties as required by your state

Date Served: [__/__/____]

Proof of Service Filed: ☐ Yes ☐ No

SECTION 6: WAITING FOR DECISION

Response Period

The prosecutor and/or agencies have time to object:

• Typical response period: 30-60 days
• If no objection, court may grant without hearing
• If objection, hearing will be scheduled

Possible Outcomes

No Objection Filed:
☐ Court may grant expungement without hearing

Objection Filed:
☐ Hearing scheduled
☐ You must appear and argue your case

SECTION 7: YOUR EXPUNGEMENT HEARING

If a Hearing Is Required

Hearing Date: [__/__/____]

Hearing Time: [____]

Courtroom: [____]

Prepare for the Hearing

☐ Dress professionally
☐ Arrive 30 minutes early
☐ Bring photo ID
☐ Bring copies of all filed documents
☐ Bring evidence of rehabilitation
☐ Prepare witnesses (if applicable)

Evidence to Bring

☐ Employment records
☐ Education certificates or transcripts
☐ Letters of recommendation
☐ Community service documentation
☐ Counseling/treatment completion records
☐ Character references

What to Say

Address these points:

1. What happened (briefly and accepting responsibility)
2. What you have done since then
3. Why you need the expungement
4. Why you are unlikely to reoffend

Sample Statement:

"Your Honor, I made a mistake [X] years ago. Since then, I have [completed probation, stayed out of trouble, gotten a job, gone to school, etc.]. I am asking for expungement so that I can [specific goal]. I have learned from this experience and am committed to being a productive member of society."

SECTION 8: AFTER EXPUNGEMENT IS GRANTED

Receive Your Order

☐ Judge signs Order of Expungement
☐ Request certified copies (get 3-5)

Date Granted: [__/__/____]

Cost per certified copy: $[____]

Distribute the Order

The order must be sent to all agencies holding your record:
☐ State criminal records repository
☐ FBI
☐ Arresting agency
☐ Court clerk
☐ Prosecutor's office
☐ Department of corrections (if applicable)

Some courts handle distribution; others require you to do it.

☐ Court will distribute OR
☐ I must distribute to agencies

Verify Expungement

After 60-90 days:
☐ Request new background check
☐ Verify record no longer appears
☐ If still showing, contact agencies with copy of order

SECTION 9: YOUR RIGHTS AFTER EXPUNGEMENT

What You Can Say

After expungement, in MOST situations you can legally say:
☐ "I have not been arrested"
☐ "I have not been convicted of a crime"
☐ "I do not have a criminal record"

Exceptions

You may still need to disclose expunged records when:
☐ Applying for law enforcement jobs
☐ Applying for jobs with children or vulnerable populations
☐ Applying for professional licenses (attorneys, doctors)
☐ Applying for government security clearance
☐ Testifying in court
☐ Asked on immigration forms

What Expungement Does NOT Do

☐ Restore firearm rights (separate process in most states)
☐ Remove record from private databases (you may need to contact them)
☐ Guarantee removal from internet searches
☐ Affect deportation proceedings already in progress

SECTION 10: IF EXPUNGEMENT IS DENIED

Options After Denial

☐ Ask the court for the reason for denial
☐ Address the issue and reapply later
☐ Appeal the decision (if allowed)
☐ Seek a pardon (governor's office)
☐ Apply for a certificate of rehabilitation
☐ Consult with an attorney

Waiting Period to Reapply

Most courts allow you to reapply after a waiting period:

• Typical wait: 1-2 years
• Address the issues identified by the court

SECTION 11: TIMELINE AND COSTS

Typical Timeline

Total: 3-6 months

Estimated Costs

Total: $50-$600 (varies widely by state)

SECTION 12: STATE RESOURCES

California: https://selfhelp.courts.ca.gov/clean-your-record

Texas: https://guides.sll.texas.gov/expunction

Florida: https://www.fdle.state.fl.us/seal-and-expunge-process

New York: https://www.nycourts.gov/courthelp/Criminal/sealingConvictions.shtml

New Jersey: https://www.njcourts.gov/self-help/expunge-record

CHECKLIST SUMMARY

Phase 1: Research

☐ Determine eligibility
☐ Learn state requirements
☐ Check waiting period

Phase 2: Preparation

☐ Obtain criminal records
☐ Gather supporting documents
☐ Complete petition forms

Phase 3: Filing

☐ File with court
☐ Pay filing fee
☐ Serve required parties

Phase 4: Hearing

☐ Prepare evidence and statement
☐ Attend hearing (if required)
☐ Receive order

Phase 5: Follow-Up

☐ Distribute order to agencies
☐ Verify expungement
☐ Update private databases

NOTES

[________________________________]

[________________________________]

[________________________________]

IMPORTANT REMINDERS:

1. Expungement laws vary DRAMATICALLY by state - research your specific state
2. Not all offenses can be expunged
3. Waiting periods are strictly enforced
4. Be honest in your petition - fraud can result in denial
5. Expungement may not remove records from private databases
6. Some professional licenses still require disclosure
7. Consider hiring an attorney for complex cases

This guide is provided for educational purposes. Laws and procedures vary by jurisdiction. For specific legal advice, consult a licensed attorney in your state.