what kind of lawyer deals with expungements

by Raul Crooks 9 min read

An experienced expungement lawyer can guide you through the complicated expungement process and make sure you do not encounter any of the problems that people often experience when seeking an expungement on their own.

Full Answer

Should you hire an expungement lawyer?

  • Were you convicted of a crime, or just arrested? ...
  • How severe was the crime? ...
  • How long it has been since you were arrested or convicted? ...
  • Did you successfully complete the terms of your sentence, probation, or diversion program? ...
  • Have you have been convicted of subsequent crimes? ...

Why do I need a lawyer for an expungement?

  • The person must have been arrested but not charged.
  • They were acquitted or the charges were dismissed.
  • They fulfilled the conditions of their sentence, including paying fines or restitution.
  • They waited the mandatory time to file.

Do you really need a lawyer to get an expungement?

Yes you absolutely can get a conviction expunged without having an attorney. In fact, you can do any legal procedure on behalf of yourself (pro se) without having an attorney. Of course, most legal procedures go smoother with the aid of an attorney.

How much does it cost to get an expungement lawyer?

The cost of hiring an attorney will also differ from where file the expungement. Usually you get to pay $400 to $1000 for an attorney fee for single criminal charge but note that the amount that you pay will differ on the number and nature of your case.

How much do Expungements cost in NJ?

Filing Fees: The New Jersey Superior Courts currently charge $75 to file for an expungement.

How long do Expungements 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 do Expungements take in NJ?

approximately eight to twelve monthsCurrently, the entire New Jersey expungement process takes approximately eight to twelve months to complete – although it could take more or less time, depending on your case. At Katherine O'Brien Law, we understand that time is of the essence for most of our expungement clients.

How many Expungements are you allowed in SC?

one expungementThe conviction of a traffic-related offense punishable only by a fine or loss of points does not prevent expungement. You can only get one expungement under the general misdemeanor type. The state will keep a non-public record of what you have expunged so they can check your history if you apply again.

How much does expungement cost in NC?

$175.004) File the expungement petition with the clerk of courts. The cost to file this expunction is $175.00, which must be paid to the clerk of court at the time of filing.

What felonies Cannot be expunged in NC?

Additionally, violent felonies, violent misdemeanors, and certain drug crimes are not eligible for expungement at all. If the arrest resulted in a dismissal or not guilty verdict, you are allowed unlimited expungements. If you have also committed a felony, however, you are not allowed any expungements.

How much does it cost to expunge a felony in NJ?

The fee that Expungement Lawyers in New Jersey™ charge for expungement processing ranges from $1,285.00 including expenses to $3,985.00 plus expenses. In most instances, the fee is $1,485.00.

What crimes can be expunged in NJ?

You can expunge no more than one indictable conviction and up to three disorderly persons offenses or petty disorderly persons offenses. The court can order an immediate expungement if a case is dismissed or the defendant is acquitted and found not guilty on all counts.

Why is NJ expungement taking so long?

For instance, your expungement might take longer if the County Prosecutor objects to your expungement for any reason, if the New Jersey State Police request more time to review your case, or if you are applying for a special type of expungement known as a “public interest” expungement.

What felonies can be expunged in SC?

What Criminal Records Can Be Expunged in South Carolina?Any charge that was dismissed or where the defendant was found not guilty is eligible for expungement.First offense convictions for fraudulent check (bad check) charges are eligible for expungement.More items...

How much does it cost to get a pardon in South Carolina?

$100To get a pardon in South Carolina, you must first submit an application to DPPPS. The pardon application is available online (here) or you can request one from the Department. Currently, the application fee is $100.

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.

What can be expunged?

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.

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 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 does the attorney logo mean?

This logo indicates that an attorney has been verified to have experience in their field of practice, is in good standing with the state entity that governs attorney licenses, and has a clean disciplinary record.

What are the requirements for a criminal record?

Generally, the requirements include things such as: The minimum length of time since the event (such as an arrest for a crime) has passed. 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.

Can a felony conviction be expunged?

While records stemming from a misdemeanor conviction or arrest can often be sealed, a record of a felony offense, felony charge, or other type of more serious conviction record may not be eligible for expungement. The eligibility rules for felony expungement are different in each state, so a local attorney can help you understand whether ...

What employers can access your expungement record?

Most expungement statutes allow specified employers to gain access to your record, sealed or not. These employers include the government, particularly when you’re applying for law enforcement jobs; and private employers where you’ll be interacting with children or vulnerable adults.

What is expungement of conviction?

Expungement refers to the process of destroying, erasing, or sealing arrest or conviction records. Most states allow adults and juveniles to “expunge,” “seal,” or otherwise hide or destroy court records of convictions for specified criminal offenses. Though the details vary from one state to the next, most states' laws provide that once an arrest or conviction has been expunged, it need not be disclosed, including to most potential employers or landlords. For instance, suppose you were convicted of assault and later got the record sealed, and that you had no subsequent brushes with the criminal law system. When applying for an apartment, you can legitimately check the “None” box when asked to list your criminal convictions.

What are the rules for sealing a record?

Each state has its own rules regarding record sealing, specifying which convictions qualify, which defendants may apply, and the circumstances in which even sealed records may be accessed (when applying for certain jobs, for instance). In general, relatively low-level criminal offenses qualify, as do first-time offenders; and an absence of subsequent criminal activity is frequently a requirement. Many states also allow expungement of arrests and court proceedings in which the defendant prevailed. See the article for your state, below, for the details.

Can you seal a record if you re-offended?

Most states will not offer record sealing to people who have re-offended in the meantime. And, most statutes require that the offense that’s the subject of the expungement be the offender’s first conviction.

Can I get my criminal record expunged?

Applying for Expungement. If your criminal record is eligible for expungement, you might not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free.

Can I check my criminal record when applying for an apartment?

When applying for an apartment, you can legitimately check the “None” box when asked to list your criminal convictions. If the circumstances of your arrest and conviction were the subject of local news coverage, chances are that there’s an online record of that, which will not be affected by your successful record sealing.

Is there an online record of a conviction?

Online information lives on. If the circumstances of your arrest and conviction were the subject of local news coverage, chances are that there’s an online record of that, which will not be affected by your successful record sealing. If the incident was discussed in social media, it’s still out there.

Who is Spivak Law Firm?

Spivak Law Firm was an early proponent for expanding relief to people with criminal records. Our article in the Pittsburgh Post-Gazette entitled Clean the Slate in Pennsylvania advocated the following statutory amendments for people seeking to erase their criminal records and move on with their lives:

What is the phone number of Spivak Law Firm?

Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390. Our Pittsburgh office is office is open during normal business hours, as well as evenings and weekends by appointment.

Can you get your criminal record expunged in Pennsylvania?

In Pennsylvania, very few expungement cases involve a court hearing. If you are eligible for an expungement, you will likely be able to erase all or part of your criminal record without ever appearing before a judge.

What is expungement in criminal justice?

Expungement is a legal process where an individual’s criminal records are removed from public records and treated as if they no longer exist. This process may be helpful if an individual is applying for a job or looking for a place to live.

Why do people want to have their crimes expunged?

For example, some convictions may cause an individual problems when trying to obtain employment, professional licensing, and/ or the right to vote , especially for felony convictions.

What are some examples of felonies that are not expunged?

Examples of felonies that are usually not eligible for expungement include: A felony in which the victim was under the age of 18; Sex crimes such as rape or sexual battery; Corrupting a minor; and/or. Child pornography. Certain felonies may still have legal consequences even if they are expunged.

How to remove a felony from your record?

A felony conviction remains on an individual’s criminal record for life. The only way to remove it is through expungement. It can be possible to have felony conviction expunged from an individual’s record. There are usually state specific criteria that must be met prior to petitioning the court for an expungement.

How old do you have to be to get your juvenile record sealed?

Usually, an individual’s juvenile criminal records are sealed once they reach 18 years of age. However, they may still be accessible via a court order. Expungement, however, results in the actual criminal charges and arrest files being erased as if they did not occur.

How to request an expungement?

There are factors that may increase the likelihood that the court will consider a request for an expungement. These include: 1 Whether the individual was a minor at the time the crime was committed; 2 The nature of the crime; 3 How much time has passed since the conviction or arrest; and 4 If all court ordered requirements for the sentence are completed.

Can expunged felony records be seen?

There are, however, limitations to an expungement. For example, law enforcement agencies can still view expunged records.

What does expungement mean in court?

To “expunge” is to “erase or remove completely.”. In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant’s criminal record as well ...

Which states have expungement laws?

Maine and North Dakota, however, limit expungements to juveniles and other specific defendants. All states limit the types of offenses that may be expunged. Driving offenses, for example, may not be expunged from records in some states. Other serious offenses, including murder, kidnapping, and rape, may also be ineligible for expungement.

What happens if a record is sealed?

If a record is sealed, it may remain available to law enforcement officers, but removed from the public. If a record is destroyed, all relevant documentation is removed from the state court system following the state’s protocols for records destruction.

Can juvenile records be expunged?

Juvenile records are the most common, but many states also allow adult defendants to seek expungement of their records. In Kentucky, for example, an adult may petition the court for expungement of certain records. Maine and North Dakota, however, limit expungements to juveniles and other specific defendants.

Can a record be expunged?

Each state, however, has its own laws about whose records are eligible for expungement, which offenses may be expunged, procedures for application, and definitions of how records will be managed under an expungement order. Juvenile records are the most common, but many states also allow adult defendants to seek expungement of their records. In Kentucky, for example, an adult may petition the court for expungement of certain records. Maine and North Dakota, however, limit expungements to juveniles and other specific defendants. All states limit the types of offenses that may be expunged. Driving offenses, for example, may not be expunged from records in some states. Other serious offenses, including murder, kidnapping, and rape, may also be ineligible for expungement. Once a record is ordered by a court to be expunged, states then have laws about how the record is to be handled, typically sealed (Kentucky, for example) or destroyed (Washington). If a record is sealed, it may remain available to law enforcement officers, but removed from the public. If a record is destroyed, all relevant documentation is removed from the state court system following the state’s protocols for records destruction.

Does an expungement order privatize criminal activity?

Layton City, explains: An expungement order does not privatize criminal activity. While it removes a particular arrest and/or conviction from an individual criminal record, the underlying object of expungement remains public.

Does an expungement order remove a document?

It depends on the matter that is being expunged, but sometimes additional documentation about the matter exist s outside of the court’s jurisdi ction.

Why are expungements needed?

Expungements are needed because punishment in America does not end with time served or a fine paid. Little-known, major, lifelong “collateral consequences” to arrest or conviction can bury a person and stay with them their entire lives.

What does expungement mean?

Expungement generally means an arrest or conviction is removed (expunged) from main criminal records databases as though it was never there . Like a sponge washing a dirty dish clean. However, the definition of expungement varies greatly by jurisdiction. Expungement is a form of “records relief.”.

What are the benefits of expunging a record?

The benefits of expungement primarily include increased life opportunities for offenders and their families. As one example, expungement and a clear record can help improve hiring chances. An example of the impact this has in our society is that the US economy lost between $57 and $65 billion in output in 2008.

What are the ways to remove collateral consequences of a criminal conviction?

Other ways include record sealing, vacating, pardon, amnesty, or another affirmative act specifying restoration of civil rights.

Why do criminals lose jobs?

Past offenders often lose out on jobs because they have to check a box saying they were convicted of a crime.

Which states have automatic expungement?

Automatic expungement. In 2020, Vermont became the latest state to add a form of automatic expungement for low-level marijuana offenses. Several California cities have also used the Clear My Record tool from Code for America to automatically expunge records, under Proposition 64.

Can a misdemeanor be expunged?

Typically it’s lower-level offenses like misdemeanors that can be expunged. Serious felonies generally are not eligible for expungement. Eligibility varies by state. For more information on the statutes in the 18 states with marijuana conviction relief, click here.