Legal Petition for Expungement

Legal Petition for Expungement

Court Name:   County:   State:

Case Number:   Judge:

Petitioner Name: (hereinafter "Petitioner")   Respondent: (hereinafter "Respondent")

Recitals

WHEREAS, Petitioner was arrested and charged in the above-captioned matter for the offense of , under docket number ;

WHEREAS, on Petitioner entered a plea or was adjudicated guilty in and received a disposition described as ;

WHEREAS, Petitioner has completed all terms of sentence, including payment of fines and restitution where applicable, with sentence completion date of , and otherwise meets the statutory prerequisites for expungement;

Now, Therefore

Petitioner petitions the Court pursuant to applicable law for an order expunging or sealing the record of the arrest, charge, and/or conviction described above, and in support thereof states the following:

1. Jurisdiction

This Court has jurisdiction over this petition because the events giving rise to this matter occurred in this County and the conviction or disposition was entered by this Court or a court whose records are maintained within this jurisdiction.

2. Background and Facts

Petitioner affirms the following factual statements under penalty of perjury:

3. Eligibility

Petitioner asserts eligibility for expungement under applicable statutory criteria. Petitioner verifies that (select all that apply):

 Sentence and all terms of supervision have been completed.

 Statutory waiting period has elapsed since completion of sentence or conviction.

 No criminal proceedings are pending against Petitioner.

 Petitioner has demonstrated rehabilitation and the public interest favors expungement.

4. Grounds for Relief

Petitioner requests expungement on the grounds that continued public access to the records is no longer necessary to protect public safety or welfare, and that sealing or expungement will materially benefit Petitioner’s employment, housing, or other civil opportunities. Petitioner further alleges that the interests of justice are served by granting the relief requested.

5. Relief Requested

Petitioner respectfully requests that the Court enter an order that includes the following relief:

1. That all records, files, and indices held by this Court, law enforcement agencies, the prosecuting authority, and any other agencies be sealed, expunged, or otherwise made inaccessible to the public to the fullest extent permitted by law;
2. That any judgment of conviction be vacated or set aside if supported by law and the Court so finds;
3. That any electronic or printed records be physically or electronically redacted where practicable and returned to Petitioner any property unlawfully retained;
4. That the Court issue such further orders as are necessary to give effect to the expungement, including instructing third parties that maintain records to treat the matter as expunged.

6. Notices and Service

All notices and pleadings in this matter should be served on Petitioner at the address below and on Respondent as appropriate.

7. Verification

I, the undersigned Petitioner, declare under penalty of perjury under the laws of this State that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

8. Proposed Order

Petitioner submits the following proposed form of order for the Court's consideration. The proposed order is intended to effectuate complete sealing and expungement of records as described above.

9. Certificate of Service

I certify that on I served a true and correct copy of this Petition for Expungement on Respondent by the following method:

 U.S. Mail     Personal Service     Other:

10. Governing Law; Miscellaneous Provisions

Governing Law: This Petition and any order entered hereunder shall be governed by the laws and procedural rules of this State and by the rules of this Court. The Court retains jurisdiction to enforce and effectuate any order entered in response to this Petition.

Entire Agreement: This Petition constitutes the complete statement of Petitioner’s request for relief in this matter and supersedes all prior oral and written representations relating to the matters asserted herein.

Severability: If any provision of this Petition is held invalid or unenforceable, that provision shall be severed and the remainder shall remain in full force and effect.

Amendments and Waiver: No amendment or waiver of any provision of this Petition shall be effective unless in writing and signed by Petitioner. The waiver by the Court of any default shall not be deemed a waiver of any subsequent default.

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