Expunge Arrest RecordIn order to have your arrest record expunged, it is necessary to bring a formal motion or petition with the Superior Court in the county in which your conviction was entered. The motion must be accompanied by a declaration from you stating that all of the operative terms of the relevant expungement or rehabilitation statute have been met. Additionally, a proposed order for the court must also be prepared in the proper format. After the necessary documents are prepared, the motion must then be filed with the court clerk. The clerk then sets a date for the hearing of the motion. A copy of the motion must also be legally served on the district attorney for that same county, and often on the probation office as well. At the hearing, the judge will consider the facts and circumstances and make his or her decision as to whether or not you qualify for expungement, or for a certification of rehabilitation (felony cases). Assuming you meet the qualifications of the statute, the law mandates that the judge must grant your motion. Depending upon which state and county the motion is filed in, this process may take anywhere between 30-120 days. Once the expunging order is issued by the court, the court forwards the order to the Department of Justice who then takes the affirmative step of clearing your record. It may take the DOJ 3-6 months to actually do this after the expungement order is received. CLICK
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