- 1). Find a criminal lawyer, especially an expungement lawyer. At the very least, look for criminal lawyers or attorneys who have experience in expunge motions. It is also a good idea to obtain references for a prospective lawyer.
- 2). Hire the criminal lawyer who seems most qualified to you. This lawyer should be fully versed in all state laws and procedures governing expunge motions.
- 3). Fill out an application for an expunge motion under your lawyer's supervision. You will have to list your past criminal charges, your case number, and also your rehabilitation attempts that prove you no longer commit criminal offenses. After you file this application, you wait for about 2 to 6 weeks until you receive a certificate of your expungement in the mail.
- 4). Know that you may have to appear before court for your motion, though this does not often occur. If it does occur, your lawyer sets up a court date to file the motion. When this happens, the judge will reopen your case and you can withdraw your past plea of "guilty" or "no contest" and plead "not guilty."
- 5). Wait for a period of 2 to 6 weeks for your expunge motion to be decided. The length of time you wait depends on your past crime. For example, a misdemeanor often takes 2 to 4 weeks to clear. If the judge concurs with your expunge motion, you will receive a certificate of your expungement in the mail.
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