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.

Is an expungement public record?

Convictions, dismissals, even mere arrests are public record and generally remain a public record unless they are somehow removed. What is expungement? In New Mexico, expunged records are removed from public view and are no longer reported on background checks.

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.

Can a record be removed?

Depending on state law, this process may be called “expunging” or “sealing” of the criminal record. An expungement removes arrests and/or convictions from a criminal record entirely as if the offense never happened.

How do you get a record removed?

A criminal record can be cleared in one of two ways: either by having the record sealed or getting the crimes expunged. The difference between the two is that the former closes off the record from public access, whereas the latter makes it seem as if the conviction or arrest never existed.

What crimes Cannot be expunged in California?

The Convictions That Cannot Be Expunged in California…Child pornography crimes.Certain sexual assault crimes.Committing lewd acts with a minor.Failure to submit to a police inspection of vehicle.

What crimes Cannot be expunged in Michigan?

What kinds of convictions are not eligible to be expunged?All offenses punishable by life imprisonment.Assault with intent to commit criminal sexual conduct.Child sexually abusive material or activity offenses.Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence.More items...•

Who qualifies for expungement?

You can apply to have your criminal record expunged when: a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years. the sentence was corporal punishment.

Can criminal record be cleared?

Not everyone can get their police data and PNC record removed. If you were lawfully and correctly convicted it is highly unlikely the police will agree to removing it. Even if you were not convicted, if the police lawfully took and/ or made data with your details they might refuse.

Can you do a self expungement in California?

File a DIY Petition for Expungement in CaliforniaObtain a copy of your criminal record. You can get a copy of your record from the superior court.Complete probation. ... Pay all fines, fees, and restitution.In the case of a felony, petition the court to reduce charges. ... In the case of a misdemeanor, complete and submit CR-180.

How much does it cost to expunge your record in California?

Including Court Costs, ALL Legal Work and Court Appearances: Infraction Expungement $590* Misdemeanor Expungements $695* Misdemeanor DUI Expungement $820. Felony Expungement $915* (includes a reduction to a misdemeanor when eligible)

Can a felon get a passport?

At a Glance: Having a felony doesn't automatically disqualify you from getting a passport. Only people with specific felonies—such as certain drug convictions—aren't eligible for passports. In addition, those with unpaid child support, federal taxes, or federal loans may not be eligible for a passport.

What is the new expungement law in Michigan?

Answer: The new law expands eligibility to petition for an expungement in several ways, and creates a new process that will automatically seal certain non-violent conviction records if a person has remained conviction-free for a period of time (seven years for misdemeanors, 10 years for felonies).

Can I clear my criminal record after 5 years?

You may apply for expungement if: - The offence was committed when you were under 18 years of age. - Five years have lapsed after the date of conviction in the case of a Schedule 1 offence.

How long does an expungement take in Michigan?

The Attorney General's role in the expungement is to determine whether an applicant is statutorily eligible to have the conviction(s) expunged from their record. The current wait time to receive a response from the Attorney General's office is approximately six months.

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.

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 many ways can a criminal record affect a person?

The American Bar Association estimates there are 48,000 ways a person can be affected by a criminal record in the U.S. These “collateral consequences” include housing, employment, occupational licenses, immigration, and many others.

How many people have a criminal record?

What is a criminal record? 70 million adults in the U.S. – about 1 in 3 Americans – has a criminal record that will show up on a routine background check. Convictions, dismissals, even mere arrests are public record and generally remain a public record unless they are somehow removed.

Can expunged records be reported on background checks?

In New Mexico, expunged records are removed from public view and are no longer reported on background checks. A person whose record is expunged may answer “no” when asked if they have ever been arrested or convicted. District Attorneys and certain employers requiring security clearance may still have access to expunged records.

Can the ACLU recommend a lawyer?

The ACLU cannot recommend specific lawyers for legal assistance, however you may visit the New Mexico State Bar website at nmbar.org for a list of attorneys that may provide legal assistance.

Can a conviction be expunged?

Convictions for the following offenses are not eligible for expungement: DWI, Embezzlement, Sex Crimes (requiring registration), Crimes Against Children, and Violent Offenses resulting in Great Bodily Harm or Death of Another.

Can you expunge a record in New Mexico?

In New Mexico, and expunged record will be removed from publicly available online sources such as the New Mexico Courts website. Online news reports or other unregulated sources available online cannot be expunged.