Having a traffic ticket case on a criminal record can be embarrassing and potentially damaging. The most damaging result is often difficulty finding employment due to the incident showing up in criminal background checks. It also means a loss of privacy, as anyone can see the conviction through a simple public records request. Luckily, there is a method to seal, or expunge, the record, and many courts will cooperate, especially with first-time offenders.
Instructions
1. Verify that the traffic violation is on the criminal record. Most minor traffic violations are considered infractions, which do not go on the record. The state classifies more serious violations, such as driving under the influence, or DUI, as misdemeanors, and these are what you need to expunge. Call the state Department of Motor Vehicles office or log onto the DMV website to search which violations are misdemeanors and which are merely infractions.
2. Obtain a copy of the criminal records information. You can obtain this by writing to or calling the Superior Court that made the adjudication. Many Superior Courts host the criminal records online since they are public records, in which case you will only need to enter a name and pay a small fee, as is the case with the Los Angeles Superior Court.
3. Determine whether or not you are eligible for a sealed record. According to Seal My Record, a Florida-based legal advice site specializing in expunging records, you do not qualify if you have had a record sealed before, have been convicted of a misdemeanor or felony before or are on probation.
4. Obtain the necessary paperwork to petition for a sealed record. In some states, this form is available online at the Superior Court's website, but if not, call the court or make an in-person appointment to obtain the petition.
5. Complete the form. Most of the forms are relatively straightforward and basic, like California's PC 1203.4 form, which asks for the basic details of the case.
6. Mail the form to the Superior Court. You may want to use certified mail to confirm delivery.
7. Schedule the court date. The court should mail or call you with a date for the sealing hearing, likely several months in the future.
8. Build the case. You will need to argue in court why you are worthy of having the record sealed. Focus on points such as no prior convictions and good behavior. You might want to call witnesses such as a parole officer who might testify in favor of sealing. It's highly recommended, however, that you hire an attorney at this point.
9. Appeal the case if the judge rules against you. If you feel that you meet all the criteria to have a record expunged or sealed, you might be able to win an appeal on the basis of error on the judge's part.
Tips Warnings
For the best chance at getting the record sealed, you should hire, or at least consult, an attorney.
Sealing or expunging a record hides it from public view, but some entities may still have access to the record, though this varies by state. Most states allow educational facilities and justice departments access to all records for a prospective employee. Judges will also have access to expunged records for sentencing purposes if you are convicted in the future.
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