Legal F&R Expunction Form

LEGAL F&R EXPUNCTION FORM

This Findings and Recommendations for Expunction (the "F&R") is submitted by Petitioner Name: and Respondent Name: concerning Case Number: filed in Court: on Filing Date: .

RECITALS

WHEREAS, Petitioner seeks expunction of the criminal record described herein pursuant to the applicable statutory authority and court rules; and

WHEREAS, the parties have exchanged relevant records, disclosures, and stipulations and the Respondent has had a reasonable opportunity to review and respond to the petition; and

WHEREAS, the Court (or the parties by written agreement submitted for the Court's consideration) may enter findings and recommendations regarding relief, sealing, or destruction of records as appropriate to the statutory standard;

NOW, THEREFORE

The parties hereby submit the following Findings of Fact and Recommendations of Law for the Court's consideration, and stipulate that the Court may adopt the proposed Findings and Recommendations set forth below.

1. DEFINITIONS

For purposes of this F&R, the following terms have the meanings assigned: "Records" means all law enforcement, court, correctional, and administrative files or entries referencing the arrest, charge, conviction, disposition, or diversion of the Petitioner identified in Section 2 below. "Expunction" means the sealing, destruction, or other relief described in Section 4.

2. DESCRIPTION OF RECORDS TO BE EXPUNGED

Offense(s) or charge(s) to be expunged (describe with statute or charge title):

Date(s) of arrest, charge, or conviction: Location(s) of record custodian:

3. FINDINGS OF FACT

Based on the record before the parties and the Court, the following material facts are stipulated or found by the parties: (a) Petitioner is identified as ; (b) The disposition of the above-described charge(s) is: ; (c) The factual and legal bases for expunction eligibility are as set forth in the attached exhibits and the stipulations below.

4. RECOMMENDATION

The parties jointly recommend that the Court enter an order granting expunction of Records described in Section 2 to the fullest extent permitted by law, including, without limitation, sealing or directing the destruction of records, removal of references in local and central indices, and directing agencies to update or replace records to reflect the expunction.

The recommended scope of relief is:

5. EFFECT OF EXPUNCTION

Upon entry of an order granting expunction, Petitioner shall be entitled to the statutory consequences of expunction, including but not limited to any prohibitions on disclosure, restoration of civil rights where applicable, and limitations on use of the expunged records in most civil and employment contexts. Notwithstanding the foregoing, certain uses and disclosures may remain permitted by statute; the Court's order should expressly identify any exceptions.

6. NOTICE TO AGENCIES

The parties recommend that the Court order notice of the expunction to be served upon the following custodians and agencies to effectuate the relief:

7. REPRESENTATIONS; COVENANTS

Each party represents and warrants that they have full authority to enter into this F&R, that the statements and stipulations are true and correct to the best of their knowledge, and that no material fact has been withheld that would reasonably affect the Court's decision. Petitioner expressly certifies that Petitioner has disclosed all prior and subsequent convictions and petitions relevant to eligibility: Petitioner certifies: I hereby certify that the information provided is true and complete.

8. ORDER LANGUAGE PROPOSED

Proposed order language for the Court is attached or set forth below. The parties propose the Court enter an order that: (a) finds the Petitioner entitled to expunction under applicable law; (b) orders the sealing/destruction/indexing correction specified in Section 4; and (c) directs custodians to certify compliance within a reasonable period.

9. MISCELLANEOUS

Governing Law: This F&R shall be governed by the laws of the jurisdiction in which the Court sits. Entire Agreement: This document, together with any attachments and proposed order, constitutes the entire agreement of the parties with respect to the subject matter and supersedes all prior agreements, understandings, and representations. Severability: If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Amendments: Any amendment or modification of this F&R must be in writing and signed by both parties. Waiver: No waiver of any breach shall be effective unless in writing and signed by the waiving party. Counterparts: This F&R may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

10. NOTICES

ATTACHMENTS

The following documents are attached and incorporated by reference: arrest records, disposition documents, stipulations, proposed order, and any certificates of rehabilitation or related documentation. Attachments described here:

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