Research state laws and requirements before filing your motion.
If you want to unseal your criminal record, you must conduct thorough legal research, consult with an attorney and discuss what you need to file and how you should proceed if you are granted a hearing. You should create a petition for the court in writing which will be the most important document you should have. The process of unsealing criminal records will vary from state to state. Be aware that the judge may not grant your request if you file a motion to unseal your criminal record in both the civil and criminal courts.
Instructions
1. Make sure that your state will allow the court to proceed with your request. Visit a legal library to conduct your research. The court may have a particular reason for sealing your criminal record, whether it be to protect an individual or party, privacy, juvenile cases, child custody or confidentiality concerns. If the state does not allow a judge to unseal your documents, do not continue to file your motion.
2. Draft a formal motion. Make sure you include all necessary information when requesting the court to reopen your criminal record. Include your case number and any other parties that were associated with the original case. Dedicate a portion of the motion as a memorandum and include the reasons why the court should proceed and grant your request. Make sure you mention what portions of your record you would like to have unsealed. If you only need to have a certain part of your record unsealed, then state this. The judge may be more willing to accommodate.
3. Go to the Clerk of Courts and file the motion you drafted. Make sure you get a receipt with the date and time clearly stamped on it. Some courts require filing fees so pay these promptly. Maintain a copy of the motion for your records and mail a separate copy to other parties if they are involved.
4. Attend the hearing. Restate your points, legal statues and reasons for wanting the court to unseal your criminal record. A judge may look at your motion and deny it immediately but most of the time, you will be required to appear in court. If you plan to represent yourself, give the court ample notice. If you do not represent yourself, contact an attorney who has experience in this area. While the court might deny your motion, you may be able to file a second motion. Draft this one around the comments, facts and arguments that were previously stated in your hearing.
Tags: your criminal, your criminal record, Make sure, unseal your, your motion, criminal record