how to find an expungement lawyer

Finding the best expungement attorney involves a little bit of research on your part. As you begin your search, here's what you'll need to do: Ask family and friends for a referral to an attorney they've used

Full Answer

Can I own a gun after my expungement?

Yes, some states will allow people with expunged records own firearms and each state is different so its best to contact a lawyer or look up the laws in your state. Before any online experts says I am wrong, please take note of what the actual ATF has to say…..

How to apply for an expungement?

Learn More About Expungements

• Arrests not resulting in convictions (Expedited Expungements) - N.J.S.A. 2C:52-6 The court can order an immediate expungement if a case is dismissed or the defendant is acquitted and found not ...
• Drug Court Expungement - N.J.S.A. ...
• Marijuana Expungement - N.J.S.A. ...
• Clean Slate Expungement - N.J.S.A. ...

How to get your record expunged?

which are sometimes very hard to get,” explained Chatham DA Shalena Cook Jones. Since then, the office has received at least 2,000 requests to restrict residents' records. Chatham County residents can restrict up to two misdemeanor offenses on their records.

How to get a felony expunged in Texas?

• You were arrested but never had a Texas court file charged against you
• After being convicted of a crime in court, you were eventually proven innocent
• You received a pardon after your conviction from the governor of Texas or the President of the United States
• After standing trial you were acquitted by a jury

More items...

What to do if you have a criminal record that can be expunged?

How to get a conviction expunged?

What is expungement in criminal justice?

What does expungement mean in court?

What are the most likely crimes to be expunged?

What is the burden of expunging a sentence?

What does it mean when a record is sealed?

See more

About this website

How much does it cost to have your record expunged if you use an attorney in NJ?

Filing Fees: The New Jersey Superior Courts currently charge $75 to file for an expungement. Lawyer's Fees: Every expungement case is different. Some cases may only take a few hours of work, while others might require multiple court appearances.

How can I get my record expunged for free in North Carolina?

Clinics are located in many NC counties. If you do not see a clinic in your city or county, please check the surrounding counties in your area. You can also call the Legal Aid Helpline directly at 866-219-5262, because Legal Aid assists with some expungement cases if you qualify for additional services.

How much is an expungement 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)

What felonies Cannot be expunged in California?

But certain felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children.

How long does an expungement take in NC?

How long does the expungement process take in NC? Regardless of the charge, the expungement process typically takes between 9 – 12 months in North Carolina.

How long does a felony stay on your record in NC?

10 yearsNow: Misdemeanor convictions qualify for an expungement after five years instead of 15. Before: To expunge a felony conviction, you needed to wait 15 years. Now: Felony convictions qualify for an expungement after 10 years instead of 15.

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 long does it take to expunge a felony in California?

about 4-5 monthsA typical timeframe to complete the expungement of a felony in California is about 4-5 months. Cases are heard by the courts in the order in which they were filed. File the forms at the court in the county where you were convicted.

What crimes can be expunged in California?

Generally, if you were convicted of an infraction, misdemeanor, or felony and were not sentenced in state prison, you may be able to have your record expunged under California Penal Code 1203.4. Infractions, also known as violations, refer to petty offenses such as speeding tickets or some drug possession crimes.

Can a felon get a passport?

Most convicted felons and ex-felons can get a passport. However, even if you are issued a passport, it does not mean that you will be able to travel anywhere you wish. Many countries refuse to let convicted felons enter their borders, both for public safety and for political reasons.

Do felonies go away in California?

If you have a felony conviction in California you are in luck, as California has one of the best expungement laws in the country. California Penal Code 1203.4 allows a person with a felony conviction to petition the court to have them re-open the case, set aside the conviction and dismiss the case.

How do I expunge my felony record in California?

Expunging criminal records in California requires the following five steps:Step 1: Hire an attorney. The expungement process is confusing and time- and paperwork-intensive. ... Step 2: Fill out the proper forms. ... Step 3: File for expungement. ... Step 4: Prepare for the expungement hearing. ... Step 5: Refile if the petition is denied.

English to French, Italian, German & Spanish Dictionary - WordReference.com

Free online dictionaries - Spanish, French, Italian, German and more. Conjugations, audio pronunciations and forums for your questions.

Gmail

We would like to show you a description here but the site won’t allow us.

LinkedIn - Official Site

500 million+ members | Manage your professional identity. Build and engage with your professional network. Access knowledge, insights and opportunities.

How to get a criminal record expunged?

Each state has different rules about what must happen before the expunging of a criminal record can proceed. Generally, the requirements include things such as: 1 The minimum length of time since the event (such as an arrest for a crime) has passed. 2 A person has maintained a clean criminal record and has not had any other arrests or convictions since that time, except for minor traffic violations. 3 The criminal proceedings against the person were not filed or they were dismissed. 4 The accused person was acquitted at trial.

What can an expungement attorney do?

Importantly, the attorney will research your old case to ensure that all eligible records are covered in the petition for expungement. These items can be spread far and wide, and include things such as a court record, arrest record, criminal charge document, court order, or other type of criminal record; no matter where they were located, an expungement can address them and help you to keep those items from harming your future.

What is expungement law?

Expungement law in the various states can be different, and what is included in expungement does have certain limits , so hiring an attorney to handle an expungement is valuable . Properly done by a qualified attorney, an expungement may help a person start a new life and move forward without a criminal record following them around.

How much does it cost to expunge a misdemeanor in California?

In California, there are more than two dozen counties that have an expungement filing fee of $0, another dozen with fees of $120 or more, and all the rest with fees that fall in between. Fees may also vary depending on whether a misdemeanor or felony was involved.

What is expungement in criminal history?

Expungement is a process where a person can have official records in their criminal history effectively cleared of certain events so the general public cannot find those events when they search for a criminal history record. Although the expunged record may be available to certain law enforcement agencies and other government entities, ...

How much does it cost to file an expungement in Texas?

In Texas – where expungement is known as expunction, and where an alternative known as a non-disclosure order may be a better fit for some situations – filing fees usually start in the $200 to $300 range. However, that can quickly increase depending on how many additional agencies a person wants notice of these orders sent to.

Why is expungement called sealing a criminal record?

These records are essentially sealed away – which is why expungement is sometimes known as sealing a criminal record – so that most people will not even know they exist.

1. Experience

While it may seem like expungement is a relatively simple area of law, this is not the case. Expungement law in New Jersey is actually a highly technical and complex area of law. Moreover, because expungement laws change frequently you will want to ensure that your expungement lawyer’s knowledge base is up to date.

2. Responsiveness

You should also ask prospective lawyers how you will be able to contact them and how long it typically takes them to return client communications. You should not assume that just because a lawyer seems friendly during the initial consultation that you can overlook this step.

3. Affordability

For most people, their ability to afford a particular lawyer’s services plays a key role. In this regard, you will want to make sure you understand how the lawyer charges for their services. Most NJ expungement lawyers will handle your matter on a flat-fee basis.

4. Location

If you are trying to expunge a New Jersey offense why would you hire a law firm located outside of New Jersey to represent you? Recently, the expungement lawyers at Katherine O’Brien Law have noticed that some larger, “national” law firms located outside of New Jersey have been targeting New Jersey expungement clients.

5. Personality

Finally, in order to ensure that you have found the best NJ expungement lawyer, you should pay attention to the personal chemistry between you and the prospective lawyers.

Katherine O'Brien

New Jersey expungement lawyer Katherine North O’Brien has been practicing expungement law for her entire career and has handled hundreds of complex criminal record expungements. She has also assisted in the drafting of briefs on expungement issues before the New Jersey Supreme Court.

Affordable New Jersey Expungement Lawyer

At the Law Office of Katherine O’Brien, we are upfront about our expungement fees. In addition, all of our expungement fees are true flat-rate fees, meaning they are all-inclusive. Thus, we do not bill you separately for filing fees or court costs as these items are included in our baseline fees.

Katherine O'Brien

New Jersey expungement lawyer Katherine North O’Brien has been practicing expungement law for her entire career and has handled hundreds of complex criminal record expungements. She has also assisted in the drafting of briefs on expungement issues before the New Jersey Supreme Court.

What is expungement in court?

Expungement is the process of going to court to ask a judge to seal a court record. It is important to remember that an expunged record is NOT destroyed. The police, FBI, immigration officers, and other public officials may still see sealed court files for certain purposes.

How long does it take to get an expungement?

The process takes at least 4-6 months. If you do not understand the forms or procedures for expungement, it is a good idea to talk to a lawyer.

How long does it take to get a criminal record expunged?

The criminal expungement process takes at least 4-6 months. By law, the court hearing to consider your request has to be held at least 63 days after your forms are served to the government agencies. The judge then has up to 90 days from the date of the hearing to make a decision on your case.

What is the punishment for a misdemeanor?

Misdemeanor - punished by imprisonment of less than 90 days and/or a fine of up to $1,000.

What does "end of a criminal case" mean?

The ending of a criminal case prior to trial or verdict that stops the proceedings against the defendant.

What does it mean to be found guilty of a crime?

To be found guilty of a crime through a guilty plea or by a jury or judge after trial. An act not allowed by law that may be punished by imprisonment and/or a fine. The process of going to court to ask a judge to seal records from a criminal court case so that they cannot be seen by the public.

Can you get an expungement for a criminal record?

The police, law enforcement agencies, FBI, immigration, and other public officials may still see sealed records from criminal court cases for certain purposes. Usually, people ask for an expungement when they have been denied a job, housing, or a professional license because of their criminal background.

How to expunge a person from a jail?

The expungement process is initiated by filing the petition form in the county where the arrest occurred. A petitioner may contact the clerk of court or contact a private attorney regarding the procedures for filing the petition form.

What information is required on a petition for a divorce in the absence of legal representation?

In the absence of legal representation, the petitioner must correctly complete the petition form to include all personal and court information, docket numbers, charges, and dispositions.

Do you have to include file numbers on a petition?

All charges, corresponding docket numbers, and file numbers must be included on the petition form. In addition, the file numbers and offenses need to be included in detail in the appropriate location on the petit ion form.

What to do if you have a criminal record that can be expunged?

If you are concerned about whether your criminal record may be used against you and feel that you might qualify for expungement, then it’s important to contact a lawyer to help you through the process. A good expungement lawyer can help you understand your options and your rights under the law.

How to get a conviction expunged?

While each state may differ when it comes to the qualifications and requirements for expungement, eligibility for expungement will typically involve the following: 1 Application for expungement in writing with the court where the conviction happened; 2 The original sentence must be completed served and finished; and/or 3 The applicant is not facing any new or additional criminal charges.

What is expungement in criminal justice?

What is Expungement? Expungement is a process by which a person's criminal records are treated as if they no longer exist. Each state has different options and limits regarding expungement, but all states permit some form of expungement or record sealing for juvenile offenses.

What does expungement mean in court?

When a criminal record is expunged, it is treated as if the charges never exist, and they are no longer associated at all with that person's criminal history. It generally means that the charges have "disappeared" from the court system.

What are the most likely crimes to be expunged?

Usually, less serious felonies like non-violent crimes (such as possession of drugs) are more likely to be eligible for expungement.

What is the burden of expunging a sentence?

The burden is generally on the person applying for expungement to show that their probation or other requirements have been completed.

What does it mean when a record is sealed?

On the other hand, record sealing means that the charges do still exist; however, the records cannot be accessed as the records are closed to the general public. This means that persons or parties such as employers cannot gain access to those records, even though they still technically exist in the system.