The Procedure (for Clerks)
Last arrest/conviction:
Ask for their ID to check when they were last arrested/convicted. It must be at least 14 days since getting their last misdemeanor or felony, excluding traffic citations & all tickets must be paid. If they qualify continue with the following otherwise ask them to come back at a later date and tell them to NOT do crime.
Read to the applicant:
THERE IS A LIMIT OF THREE EXPUNGEMENTS. EACH ONE WILL INCUR A HEAVIER FEE. YOU GET THREE CHANCES. AFTER THAT, YOU CANNOT GO BEFORE THE COURT AND HAVE YOUR RECORDS EXPUNGED AGAIN. ADDITIONALLY, YOU CANNOT APPEAL WITHIN TWO WEEKS OF TIME.
Explain the fees:
- $20,000 (First Expungement).
- $40,000 (Second Expungement).
- $80,000 (Third and FINAL Expungement).
- Community Service can be done in lieu of full payment or by order of the Judge.
Fill out the paperwork:
If they qualify for an expungement, go to https://docket.unscripted.gg/t/expungements and create a new discussion with the title as the applicants name and then fill out the template provided below and attach it to that same discussion.
Date Filed:
Name:
Phone Number:
State ID:
Last Arrest:
Plans after expungement:
Backup plans if they cant do there first:
Records to be expunged:
Explain the next steps:
- They must do NOT do crime in the meantime otherwise their expungement application will be thrown out immediately.
- They must wait to hear back from a Judge and attempt to arrange a time to have a hearing/review with them.
- They may be contacted by a clerk at any point to inform them on the progress of their application.
- If they have any other questions or concerns to reach out to the Clerks Office for help.
Setup the hearing / review with a Judge:
Reach out to a Judge either through the emails, phone call/text or on the docket directly and attempt to set up a time to have the hearing / review
The Procedure (for Judges)
Review the application:
Verify that the applicant meets eligibility requirements, including the 14-day waiting period since the last arrest or conviction and confirmation that all tickets and fines have been paid. Check how many prior expungements the applicant has received and ensure the request does not exceed the three expungement limit.
Conduct a brief hearing or review:
Ask the applicant to come in for a brief hearing or review of their application confirm their intent, future plans after expungement and if they have any character witnesses that can vouch for them.
Determine payment or community service:
Decide whether the applicant is required to pay the expungement fee or complete community service in lieu of payment. While payment is preferred, the Judge presiding may order community service when it is determined to be more appropriate for rehabilitation or for demonstrating the applicants ability to positively contribute to the community.
Issue a ruling:
Grant or deny the expungement. If granted clearly state what records are being expunged, the date that the expungement was approved and whether this is the applicant’s first, second or final expungement on the docket and to the applicant. If denied post on the docket and let the applicant know that their application has been denied and they have to wait at least 2 weeks before re applying for another expungement.
