how can i expunge my record without a lawyer?

Expunge Your Florida Criminal Arrest Record Without An Attorney!

1. Application for Certificate of Eligibility.
2. Fingerprint card.
3. Money Order made payable to FDLE for $75.00.
4. Certified Copy of the final disposition of your case (proof the case was dropped).
5. Notice of Hearing.
6. Petition to Expunge.
7. Order to Expunge.
8. Affidavit.
9. Certificate of Eligibility.
10. Filing Fee to the Clerk of the Circuit Court.

Full Answer

Do I need a lawyer to expunge my record?

Expunging an arrest or conviction from your record is a lengthy and state-specific process. Many states, such as New Jersey and Illinois, try to make it easier by providing step-by-step guidance for moving through the process without a lawyer.

How do I get my criminal record expunged?

Generally, to begin the legal process for expunging or sealing your records, you’ll need your copy of the criminal record, including written documentation of the arrest and/or the conviction you're hoping to expunge. If you don’t have yours, it’s usually available through the arresting agency.

Can I get my record expunged in New York?

New York doesn’t allow you to expunge your record, but you may qualify to have it sealed. Illinois provides worksheets you can complete to determine whether you’re eligible to have your records expunged or sealed. States also have very specific forms that you must complete before filing your case, and these vary widely from state to state.

How can I get a misdemeanor off my criminal record?

Your first step is to find out your state’s laws about expunging your record. Some states, like North Carolina, give you a once-in-a-lifetime chance of removing a misdemeanor charge if you weren’t convicted or were under the age of 21 at the time of your arrest.

How to file a petition for a hearing before a judge?

To file, go to the clerk of the court in the appropriate jurisdiction, pay the required fees, and submit the petition and required documentation to request a hearing before a judge. Some jurisdictions allow you to mail this paperwork to the court via certified mail.

Who do you send copies of your hearing notice to?

You are also required to send copies of your paperwork and the scheduled hearing notice to several state and county agencies, such as the county prosecutor’s office. This step is time sensitive since these agencies must have advance notice of your hearing date.

What happens if you are found guilty of a crime?

For most people, it’s no surprise that any time you’re found guilty of a crime, the information lands on a written report regarding your history with the judicial system. But even if you’re eventually found innocent, the details about your arrest remain on the record. Having your criminal convictions or arrests expunged removes those details from the prying eyes of potential landlords, employers and others interested in your background. Expunction doesn’t always completely erase your past, however, since many states allow judges and law enforcement agencies to access confidential records.

Can you seal your criminal record without an attorney?

The method varies by state, but many jurisdictions have enacted procedures that make it easier to proceed without an attorney. Some states even provide free clinics to help guide you through the process.

Can a court clerk give legal advice?

The court clerk or website for the court in the county where you were arrested can often direct you to information about necessary qualifications, as well as the appropriate forms and filing process. The clerk cannot give you legal advice regarding your case.

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Expungement Is Available for Adults Only in Limited Situations

Expungement of a criminal record essentially means that the record is destroyed, at least as far as the public is concerned. The record still may be accessed under certain circumstances for employment or law enforcement purposes, but for the most part, an expunged record no longer exists. However, not all criminal records can be expunged.

Will You Need a Lawyer to Expunge a Charge?

Illinois, through the office of the State Appellate Defender and the state Supreme Court-created Access to Justice Commission, has made major steps to make the expungement process more user-friendly. The two offices have worked together to create forms to apply for expungement or sealing of criminal records that are accepted statewide.

Contact the Criminal Defense Attorneys of Martin & Kent, L.L.C. for Assistance With Filing for Expungement of Charges

If you are attempting to have your criminal record expunged, you should consider seeking experienced assistance. Starting with determining whether you are eligible all the way to handling your court hearing to maximize your likelihood of success, an experienced team on your side could make a world of difference.

1 attorney answer

Laws vary from state to state and the process to have a conviction expunged is legislatively created. The process is not overly complicated, however, it is very specific as to what you need to do. If you don't get the correct forms or don't get all of the appropriate parties properly and timely served the court will deny your request.

Ronald S. Pichlik

Laws vary from state to state and the process to have a conviction expunged is legislatively created. The process is not overly complicated, however, it is very specific as to what you need to do. If you don't get the correct forms or don't get all of the appropriate parties properly and timely served the court will deny your request.

What to do if a judge is hesitant to expunge a record?

If a judge is hesitant to grant your expungement, a lawyer can effectively advocate for you and work to convince a judge that you deserve to have your record expunged. Additionally, certain burdens and responsibilities of the expungement process may fall on your shoulders. Depending on what state you are in, you may have to notify certain ...

Why is it important to have an attorney for expungement?

Attorneys are so essential to have for your expungement because you have a better chance of success. Expunging your criminal record can help restore certain rights and privileges you were previously denied. An attorney is necessary not only to help you navigate the legal process, but to get legal rights returned to you.

What happens if you get your conviction expunged?

Once these convictions are expunged from your criminal record, you will no longer be bound by their consequences. If your criminal conviction prevented you from voting in certain elections or owning a firearm, you would no longer be prevented from exercising those rights. You will also no longer have to inform certain people about your criminal ...

What factors are considered when granting an expungement?

Judges often consider factors like the severity of the underlying conviction, your overall criminal history, your performance on probation, and your remorse for your crimes. If a judge is hesitant to grant your expungement, a lawyer can effectively advocate for you ...

What happens if you get an expungement?

If a person is granted an expungement, they may be permitted to exercise rights and privileges they were previously barred from. Without a criminal record holding you back, you could get that new job that helps you turn your life around.

Do expungements happen automatically?

Expungements do not happen automatically, and proper procedures must be followed before an expungement is granted. Once an attorney has located the appropriate expungements statutes, they can help you determine if you are even eligible. In many states, some but not all offenses may be eligible for expungement.

Is it easy to get an expungement?

Expungements can greatly benefit individuals convicted of crimes who are being held back because of their past. However, the expungement process is not always easy. As with any legal proceeding, expungements are probably a bit beyond the grasp of an ordinary person.

How to get your criminal record erased?

In the following cases you may be eligible to erase your criminal record through expungement if: 1 Your arrest did not result in a criminal charge 2 You were found not guilty by a judge or a jury 3 Your criminal record exists because someone misrepresented themselves as you when they were arrested (this is identity theft, but you will still need to clean your record) 4 You have plead guilty to a Class C misdemeanor alcohol crime such as public intoxication 5 A grand jury “no billed” an indictment against you 6 You complied with the terms of deferred adjudication for a Class C misdemeanor

Can a Class C misdemeanor be expunged?

People who have a felony conviction on their record in the five years prior to the arrest they are seeking to expunge will not be able to expunge that arrest. Most offenses other than Class C misdemeanors that result in a conviction also cannot be expunged, with certain specific exceptions.

Can you get an expungement for a misdemeanor in Texas?

If you have successfully completed deferred adjudication for a misdemeanor or felony, you may be eligible for a Texas expungement or Order for Nondisclosure. An Order for Nondisclosure is a document issued by a judge that orders all public agencies to cease and desist the release of information about your deferred adjudication punishment.