How to Refuse to Let the Government Release Your Criminal Record

Under the U.S. Public Information Act criminal records are considered public records that can be accessed by anyone. This means you cannot prevent the government from releasing your criminal records unless you expunge or seal these records. Expungement or sealing are procedures that allow criminal records to be hidden from the public. However, these records can still be accessed by authorized government agencies such as the police. Expungement or sealing procedures, which vary by state, can be quite complex.

Things You'll Need

  • Copy of criminal record
  • Explanation letter
  • Petition to expunge forms
  • Expungement attorney
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Instructions

    • 1

      Obtain a copy of your criminal records from the department in charge of criminal histories in your state. Check the FindLaw link "Expungement and Criminal Records: State-Specific Information" to go directly to the state specific eligibility requirements (see Resources). Find out if you are eligible for expungement or sealing from the department in charge of public safety in your state.

    • 2

      File a request to expunge or seal the criminal records by obtaining the appropriate petition to expunge forms from the court clerk in your state court and fill them in. Notify the court clerk that you want to file for expunction, and he will show you the correct forms to use. Each state has different forms for filing for expunction or sealing.

    • 3

      Write a letter explaining why you want your records to be sealed. Provide information about how the criminal records have affected your privacy and job prospects. Attach this letter with the petition to expunge or seal and a copy of your criminal record.

    • 4

      Serve all the relevant agencies such as the district attorney probation department and police department in your state with the petition to expunge, the letter and copy of the criminal record. Inquire from the court clerk the appropriate agencies to serve the petition, which vary by state. Request a date for your case to be heard by a state court.

    • 5

      Contact the courthouse where your hearing was held if your request to expunge was denied. Ask the court clerk if the problem can be fixed by re-filing. If your state expunction laws allow you to re-file a petition to expunge then you may do so following the steps above. The criminal records will be removed from public access if your petition is successful.

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