Affidavit in Support of Motion to Order Expungement of Criminal Record
Overview of this form
The Affidavit in Support of Motion to Order Expungement of Criminal Record is a legal document used to request the expungement of a criminal record, which involves the removal or erasure of records of a conviction. This form is critical for individuals seeking to have their felony convictions sealed from public view, making it distinct from other legal requests that may not specifically address criminal record expungement.
Form components explained
- Identification of the state and county where the affidavit is filed
- Declaration of the affiant's role as the attorney for the petitioner
- Details of the petitioner's request for expungement, including legal citations
- Statement regarding the legal void and the impact of maintaining criminal records
- Request for permission to serve the respondents involved in the case
- Signature lines for both the attorney and the notary public
Legal requirements by state
This form is a general form that can be adapted for use in different states. Since each state has its own laws, make any needed updates before completing it.
Situations where this form applies
This form should be used when an individual has been convicted of a felony and is eligible under state law to request the expungement of that conviction. If a prior criminal record is negatively impacting the petitioner’s professional opportunities or personal life, this affidavit serves to formally initiate the expungement process in court.
Who can use this document
This affidavit is intended for:
- Individuals who have a felony conviction and seek to have it expunged
- Attorneys representing petitioners in expungement cases
- Anyone who qualifies for expungement based on state-specific requirements
How to complete this form
- Identify and enter the names of the parties involved, including the state, respondent, and defendant.
- Fill in the cause number provided by the court, if applicable.
- Provide a detailed account of the petitioner's situation and the legal justification for expungement.
- List the citation of statutes that are relevant to the expungement request.
- Sign the affidavit in the presence of a notary public.
- Ensure that all required parties receive copies of the petition and accompanying documents.
Does this form need to be notarized?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
Common mistakes
- Failing to check eligibility criteria before using the form.
- Not including the correct legal citations relevant to the expungement.
- Forgetting to have the affidavit notarized before filing.
- Leaving out necessary parties when serving copies of the petition.
Benefits of completing this form online
- Convenience of downloading and filling the form at your own pace.
- Easily editable templates to customize as needed.
- Access to comprehensive legal forms drafted by licensed attorneys, ensuring reliability.
Form popularity
FAQ
After the petition is filed, the state's attorney, the state police, and all other notified parties have 60 days to object. If the judge grants the petition, an order is entered, and all state agencies are given 60 days to expunge or seal the record. The total process typically takes about six months.
Always begin the letter with a formal greeting, such as "Dear Judge...", before composing the rest of the letter. Then, write the first paragraph of your letter by explaining why you are writing, what charge you wish to have expunged, and a short description of why you feel it should be expunged.
I would like to expunge my ex-husband from my memory. Because the court has decided to expunge my criminal record, there will be no evidence of my past misdeeds. The president has the power to expunge any person's criminal history in order to give that individual a fresh start in life.
The letter must state the case and explain the changes that the person made in their life to correct their actions. Examples of life changes are helping others and not getting arrested again.
Expungement involves completing court forms, serving them on agencies who have records of your case, filing paperwork with the court, and typically, having a court hearing. The process takes at least 4-6 months.
Expect to pay $100 to $600 in document processing and filing fees. If you feel you may have trouble coming up with the money to pay those fees, some states do offer free expungement services to indigent clients.
Online expungement is only available through Maryland expungement.com and not offered by a State or government website. This legal expungement service is particularly convenient for individuals who don't want to have to travel to the courthouse, obtain all the paperwork, drive home.
Your whole letter should be about three paragraphs. Begin by telling how you got in trouble in the first place, but keep this part short. Give just enough detail for the employer to understand the nature of your infraction, but do not give too much detail.
How Do I Apply for Expungement and Sealing of Record in Ohio? To get started, you need to make an application to the Court where your conviction took place. For misdemeanors, you make an application to the Municipal or County Court where you were originally charged with the offense.
