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Purging is the legal process of sealing a criminal record through a motion to eliminate or strike out. Rules vary by state, but a lawyer is not always necessary. A motion for elimination includes demographic and crime information, and may require fingerprints and a fee. A successful request generates an elimination order, allowing the petitioner to claim no criminal record.
Purging refers to a legal process of sealing a criminal record. In law, a motion usually refers to a legal request for action. Therefore, a motion to eliminate is a request for a court to seal a person’s criminal record.
The motion to cancel is an important document in the cancellation process. It is usually submitted in addition to an application package, which contains documents that serve other purposes. However, it is the motion to strike out that formally requests a court to release a person from the burden of having a conviction on his or her criminal record. Such a request may be made for criminal offenses or misdemeanors in some jurisdictions.
Rules regarding expungements vary from state to state. Therefore, the structure of the movement can also vary. In most jurisdictions, a person is not required to have a lawyer to have his criminal record expunged. However, people are generally advised to use the services of a lawyer or legal service.
If a person chooses to complete the process without the assistance of a legal professional, they may consider using a motion to strike down the form. In addition to the personal details that a person must provide, there is a significant amount of legal jargon included in such a document. However, using a form can eliminate the need to write or have a motion written. Instead, a person just has to fill in the blanks.
The motion for elimination usually includes demographic information about the petitioner or person requesting the elimination. It also includes information about the crime it wants to remove. This information may include the date of the arrest, the charge and the court record number. Additionally, you may need to include information about your conviction, including date of conviction, location of conviction, and whether time was served in a correctional facility.
It is common that one or two sets of fingerprints are required with the motion to erase. When a person is ready to present the document, they will usually have to do so at the court that convicted them of the crime. A fee may be required. A copy of the motion is then usually filed with the prosecutor and possibly the probation department as well.
When the request is successful, the court will generate a document known as a elimination order. This will seal the criminal record as if it never existed. The petitioner will be able to legally claim that he has never been arrested or convicted of any of the crimes that have been cleared.
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