Declarations

Some remedies are "mandatory," meaning that the judge has no choice but to grant your petition.  An example would be a conviction where you were given probation and got through the probation period with no other convictions or violations.

But most remedies are "discretionary," which means the judge gets to decide whether or not to grant your request.  For discretionary petitions, you need to give the judge some evidence to help them decide if it is "in the interests of justice" to grant your petition.  That's where your declaration comes in.

A declaration usually has three parts:

1. Your Personal Statement: this is basically a letter from you to the judge explaining what was happening in your life when you had your convictions and how things have changed since then.
2. Supporting Materials: pretty much any document that shows that you have moved on in your life.  Some examples are school transcripts, certificates showing that you have completed rehab, enrollment in job training programs, or awards for volunteering.
3. Letters of Support: these are just like letters of recommendation or character references. They can be from anyone who has good things to say about you –  professors, current or former supervisors, sponsors or sponsees, loved ones, neighbors, coaches, fellow volunteers, even your kids!

Your statement should be one to two pages long, and should give the judge a sense of who you are and why they should grant your petition. Without it, the judge only sees your record of convictions – and that is not representative of who you are. We’ve provided many samples below to get you started.

You can ask anyone who you are comfortable asking, and who can talk about your character and any changes you’ve made in your life.  Most often, letter writers are professors, advisors, past or current supervisors, loved ones, sponsors or sponsees, coaches,  clergy or spiritual advisors,  or people you’ve volunteered with.

Ask for letters of support as early as possible to give your supporters time to write something for you.  There are several examples below.

Letters of support can be handwritten notes, typed letters, (whether on professional stationery or not), or emails.  We’ve even submitted crayon letters from small children!

Usually, applicants submit one to three letters of support, but if you don’t feel comfortable asking for letters from anyone, or if they don’t get done in time, don’t worry!

Letters of support are helpful but not necessary. You can file your petition without them.

Gather any documents you think might be useful and keep them in one file or online file like a Google Drive folder. You should try to scan the documents using a scanner or scanner app on your phone. Photos of documents you take with your phone are usually not clean enough! 

Once all your supporting documents are compiled together, you will attach them at the end of your personal statement, and then attach the full declaration to your petition using the MC-031 form.