Table of Contents:
- How to Expunge a Felony in Idaho
- How to Expunge a Felony Record in Kentucky
- How to Remove a Felony From a Record in Colorado
- How to Remove a Felony From a Record in Oregon
Obtain a copy of your arrest record or court record of your acquittal for any arrest on felony charges as an adult that did not result in a conviction. Review the record to ensure that more than one year has passed since the arrest. Prepare a written request directed to the Idaho Bureau of Criminal Identification (BCI), which is the state repository for criminal records and fingerprints. The request should indicate that you were not charged with a crime after your arrest or were acquitted of the charges. State that under Idaho Code § 67-3004(10) you want the criminal record history and fingerprints taken in connection with the matter expunged. The BCI should expunge the records after receiving your request.
Obtain a copy of your juvenile felony conviction that will show the date you were released from juvenile detention or the juvenile court's jurisdiction over you was terminated. At least 5 years must have passed since either of the foregoing occurred and you must be at least 18 years old to request an expungement of your juvenile felony conviction.
Prepare a written petition to be filed with the court that requests expungement of your juvenile felony record. There is no special form for the petition. The essential information in the petition should be your identity; the record showing 5 years has passed since your juvenile detention or court jurisdiction over you; a statement that you have not been convicted or are currently under pending felony charges; and a statement requesting expungement of you record under Idaho Code § 20-525A. File the petition with the court.
Attend the hearing that the court will set after your petition is filed. The court will also notify the prosecuting attorney of the petition who may oppose, support or do nothing regarding the petition. If the court finds you have met the requirements of Idaho Code § 20-525A, your juvenile felony record will be expunged.
Gather the information concerning your felony criminal record from the date of your arrest until the case was dismissed or you were acquitted of the charges at trial. You should have information regarding the Kentucky Revised Statute you were charged with violating and the names of the law enforcement agencies with records of your case. If you do not have this information, you can obtain it from the Administrative Office of the Courts. You can submit a request for the information through the Kentucky Courts' website, by mail or in-person.
Contact the clerk for the circuit court in the county where you were arrested and inquire about obtaining the forms required for an expungement: the petition for expungement, order for expungement, and re-docket form, which is necessary to have your case put back on the court's active list. Follow the clerk's instructions on how to obtain the forms, which will probably require going to the clerk's office. The contact information for all circuit court clerks is available from the Kentucky Courts' website (See References). You can also download from the website the petition for expungement form (See References).
Complete the petition for expungement by inserting your identifying information and the information you gathered regarding your felony record. Do not sign the form until you go to file it with the circuit court clerk because the clerk must notarize your signature on the petition. Insert whatever information you can in the order for expungement and re-docket form, excluding those parts of the forms for use by the clerk and judge.
Take all the forms to the circuit court clerk's office for filing. Sign the petition when instructed to by the clerk. Do not leave the clerk's office without obtaining a hearing date for your petition.
Go to court on your hearing date. You should anticipate the judge asking you questions about your case, so be prepared to discuss the facts. After the judge grants your petition, obtain a copy of the order for expungement from the clerk for your records.
Wait 10 years after you complete your sentence. In Colorado, you cannot apply for a pardon until 10 years after you complete your sentence.
Contact your case manager to receive an application for pardon. For more information, contact: Director of Executive Clemency, Mary Kanan, 940 Broadway, Denver, Colorado 80203; phone: 303-763-2428.
Write a personal letter to the governor of Colorado. In the letter, explain why you are requesting the pardon.
Fill out the application and include the following information: the personal letter you wrote in Step 3, your performance review summary, any reports of disciplinary actions and reports about your mental condition. These forms can be provided to you from the penal institution in which you were housed. Also include your pre-sentence reports and files associated with the criminal investigation and trial. Include any other documentation that will be helpful to the governor when he makes his decision. Contact the Executive Chambers for assistance in gathering these materials.
Wait at least six months for a notice from the Governor's Clemency Coordinator detailing the Governor's decision. Clemency (pardon) proceedings may take six months to a year to complete. If your application is denied, you may reapply in four years.
Determine if you meet Oregon’s eligibility requirements. Oregon does not allow expungement for all felonies, so you need to review § 137.225 of the O.R.S. and locate the felony charge on the list of eligible crimes. By default, no Class A or Class B felony convictions qualify for expungement, although arrests and charges that resulted in a dismissal may qualify. Only Class C felonies qualify for expungement, except crimes that are sexual in nature and against a minor child, and crimes that constitute child endangerment (defined by ORS § 163.575 (1)(a)) or child abuse (defined by ORS § 419B.005). If the crime is not listed as eligible, then it cannot be expunged.
Wait three full years after you have completed all stipulations of your sentence. All jail/prison time, community service, and other sentences must be completed prior to your request. When three years and one day have passed, you are then eligible to apply for an expungement.
Contact the county District Attorney’s office (also called the DA’s or Prosecuting Attorney‘s office) in the county where you were arrested and charged to request a copy of your records. At the very least, you will need your arrest record, formal charge, final disposition and the original copy of your fingerprints. You may need to pay a nominal fee for the retrieval, reproduction and mailing of these records. If you are given a choice, request a certified copy of your records; these will cost a bit more, but non-certified copies are not accepted for expungement requests.
Note that if the DA’s office will not release the original copy of your fingerprints, you will need to have yourself re-fingerprinted by an approved agency at your own expense.
Request blank expungement petition forms from your local county clerk’s office. The county DA’s office may also supply these upon request. If neither office has the necessary forms, you can locate them at a local legal form supply store. You may also be able to locate the forms online. Be sure to obtain the forms for the county where you were arrested and tried, if this differs from your county of residence.
Complete and sign the forms, and attach your criminal records to the back. Review the form instructions to ensure you have included all necessary records; otherwise, your petition may be rejected. Make a copy of the entire packet and retain the copy for your personal records.
Submit the original signed forms, the case records, fingerprints and a certified check in the amount if $80.00 (as of 2010) made payable to the Oregon State Police to the county DA’s office. If your arrest resulted in a dismissal of the charge(s) against you, you are not required to pay the fee. The DA’s office will continue the expungement process on your behalf, and if your request for an expungement is granted, you will be notified when the Order to Set Aside Conviction is signed. An additional $250 fee may be required upon the hearing of your petition, which is not refundable if your petition is denied.