Writing an Impressive Expungement Letter (with Sample) Use this sample expungement letter as a template for your formal expungement letter. Last updated on January 15th, 2019
An expungement letter is one way for consumers to seal or remove unwanted items from their criminal records. There may be a criminal arrest on their record that is inhibiting their loan applications, rental agreements or job applications.
If the person was arrested but not charged with any crime, they have the option of requesting that identifying parts of their record of arrest be returned and the arrest record sealed. This needs to be done through an expungement letter that is sent to the police department, county sheriff, city attorney and the Bureau of Criminal Apprehension (BCA).
Requirements for this Type of Expungement
In order to receive this kind of expungement, the applicant must not have a felony conviction or a gross misdemeanor on their record within the past 10 years. Other rules are that all charges were dismissed before determining probable cause, or the prosecution did not file any charges and a grand jury did not return the indictment. The applicant must also not have participated in a diversion program after the arrest.
If the above conditions are met, the person may be allowed to write letters to the bureaus and agencies that hold records. This type of expungement does not require a hearing and a petition. If the person had charges filed and dismissed for a lack of probable cause, a different petition must be completed to seal their court records.
Expungement Letters are Different from Expungement Forms
Expungement letters are different from expungement forms that require detailed information. The letter should be written in formal business style and must show that the person in question is a responsible member of society and has been for many years. This is why they are usually written five to 10 years after an arrest.
The letters are addressed to a district attorney, a judge and the signing probation office of the final disposition of the applicant’s case. The letter must state the case and explain the changes that the person made in their life to correct their actions. Examples of life changes are helping others and not getting arrested again.
No Complaints of Recriminations Against the Police!
The tone of the letter should be polite and professional. There should be no complaints or recriminations against the police about the arrest because no charges were filed. The aim of this letter is to get the arrest removed from the applicant’s record and not to criticize the legal system.
It may be useful to include a letter of support from a respectable person in society who can vouch for the applicant’s arrest-free life. If the applicant participated in any social or volunteer work, it should be mentioned, and a letter of support from someone else in that work that demonstrates the applicant’s desire to live a crime-free life may help.
If it is possible, the applicant should get a copy of their criminal record. This will have information such as the case number, which may make it easier for the officials who will receive the request.
Here is a sample expungement letter to be sent to a judge. The same letter also needs to be sent to the other agencies mentioned above. Copies of each letter should be kept. The letters should be sent by certified mail, so the sender has proof of the time and date the letter was sent and received.
Sample Expungement Letter Applicant’s Name Applicant’s Address City, State, Zip Code
DATE
Judge’s Name Name of Court Jurisdiction Court Address City, State, Zip Code
RE: Expungement for Name of Applicant
Dear Name of Judge:
This letter is a formal request to have an arrest removed from my record. Enclosed is a copy of my record and the case number is NUMBER. I was arrested for shoplifting on DATE 10 years earlier when I was 17 years old. I was arrested because I was with three other people who were caught with goods on their person. I had not shoplifted anything and was not charged. However, the arrest is on my record and I would like to have it removed.
I graduated from college on DATE and have been working as a teller in Name of Bank for three years. I have received commendations from my supervisors and hope to advance in the banking business. I have not participated in any criminal activity since the shoplifting occurrence. I was so frightened at that time that I realized my friends were leading me along a dangerous path.
In order to further my career, buy a home and get a car loan, it would be good to have that arrest off my record when lenders and employers do a background check on me.
Thank you for your kind consideration in this matter. I can be reached at 555-123-4567 or at [email protected] if you have any questions or would like to contact me.