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asked 3 years ago
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A person who is convicted of an offence or a person who is not found to be guilty or the criminal charges on the person were dismissed can obtain an expungement (or sealing) of his or her criminal record. The legal term expungement is defined as the sealing of a person's criminal record so that it is not available to the public or open for public scrutiny.
To obtain an expungement, a person must pay a fee of fifty dollars to the clerk of courts. In case of a non-conviction, no fee is required to be paid. The person seeking expungement must then go to the office of the assignment commissioner with any required fee receipt for the purpose of filling out, but not signing, the affidavit of indigency. The application to expunge will be set for consideration by the judge the applicant originally appeared before, the probation department will get the probation information sheet and any affidavit of indigency will be filed in the case file of the applicant.
On the court date, the clerk who is assigned to the courtroom will have the applicant sign the affidavit of indigency under oath. If the judge finds the applicant not indigent, the sealing of his or her record will take place only after the fee is paid. In other words, the applicant's record will be expunged without the payment of the fee only if the judge finds him or her to be indigent.
To obtain an expungement, a person must pay a fee of fifty dollars to the clerk of courts. In case of a non-conviction, no fee is required to be paid. The person seeking expungement must then go to the office of the assignment commissioner with any required fee receipt for the purpose of filling out, but not signing, the affidavit of indigency. The application to expunge will be set for consideration by the judge the applicant originally appeared before, the probation department will get the probation information sheet and any affidavit of indigency will be filed in the case file of the applicant.
On the court date, the clerk who is assigned to the courtroom will have the applicant sign the affidavit of indigency under oath. If the judge finds the applicant not indigent, the sealing of his or her record will take place only after the fee is paid. In other words, the applicant's record will be expunged without the payment of the fee only if the judge finds him or her to be indigent.
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