- 1). Determine the status of your misdemeanor. In order to be eligible for your record to be expunged, you must have been found not guilty by a judge or jury, dismissed without prejudice or otherwise dismissed, which can include dismissal by satisfaction, meaning that you fulfilled the terms of your misdemeanor.
- 2). File a petition. In order to be granted an expunged record, you must fill out the petition paperwork with all the details of your misdemeanor and ask for your police records as well as any court records to be expunged. You must include a statement on the petition as to why the record is a hindrance to you and why you want it removed.
- 3). File the petition in circuit court. You will have to go before a judge before he will grant you the expungement. It is up the to the discretion of the judge whether you will get your record expunged or not.
- 4). Serve a copy of the petition to the attorney of common wealth. They are considered to be your opposer, therefore, they must be served before you can attend a hearing. They can file a response or opposition to the petition if they do so within a timely manner. This will be considered at the hearing.
- 5). Request a copy of your fingerprints from a law enforcement agency. The fingerprints as well as a complete criminal history will be included with the petition so that the judge can make the best decision about whether to grant you expungement.
- 6). Attend the court hearing. The judge will listen to your statement as well as the statement of the attorney of commonwealth and look over all the submitted documents. A decision will be made whether to expunge your misdemeanor record. If it is found that you have no further criminal record except the misdemeanor you are trying to expunge, then you will be granted an expungement.
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