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Affidavit in Support of Motion to Order Expungement of Criminal Record

State:
Multi-State
Control #:
US-02246BG
Format:
Word; 
Rich Text
Instant download

Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

Definition and meaning

An Affidavit in Support of Motion to Order Expungement of Criminal Record is a legal document used by a petitioner to request the court to expunge or seal their criminal record. This affidavit includes sworn statements that establish the need for the expungement, outlining the reasons for the request, and demonstrating that the arrest record is unjust or erroneous.

How to complete a form

To complete the Affidavit in Support of Motion to Order Expungement of Criminal Record, follow these steps:

  1. Identify yourself as the petitioner and provide your basic information.
  2. Outline the relevant facts of your case, including any citations of statutes that apply.
  3. Include statements that explain why expungement is necessary.
  4. Sign the affidavit in the presence of a notary public to ensure its validity.

Who should use this form

This form is suitable for individuals who have a criminal record that they believe is unjust or erroneous. It is particularly relevant for those whose records may negatively affect their employment opportunities, housing options, or overall quality of life.

Key components of the form

The key components of the affidavit include:

  • Personal information about the petitioner.
  • A detailed description of the arrest record.
  • Citations of the pertinent law or statute.
  • Evidence or rationale for seeking the expungement.

Common mistakes to avoid when using this form

When completing the Affidavit in Support of Motion to Order Expungement of Criminal Record, avoid the following common mistakes:

  • Providing incomplete personal or case information.
  • Failing to notarize the document properly.
  • Not citing the correct statutes or laws related to expungement.

What documents you may need alongside this one

Along with the affidavit, you may need to submit the following documents:

  • The original arrest record.
  • Proof of identity, such as a government-issued ID.
  • Any supporting documentation that reinforces your request for expungement.
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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.

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Affidavit in Support of Motion to Order Expungement of Criminal Record