what kind of lawyer do i néed for an expungment

by Prof. Jeramie Homenick 8 min read

A criminal defense lawyer who is well-versed on California expungement laws may be able to file your petition and have your criminal record expunged within four to eight weeks. This will allow you to confidently apply for jobs, look at apartments or other actions that may require a background check.

How much do lawyers charge for expungement?

An expungement filing done correctly the first time is a peace of mind that an attorney can grant. Pennsylvania Expungement Attorney If you or a loved one is ready to file an expungement, contact Pennsylvania attorney Joseph D. Lento today.

Why do I need a lawyer for an expungement?

Jun 10, 2015 · Most criminal defense lawyers handle expungements. You should call/meet with someone to discuss your eligibility and costs. Expungements are the same throughout the state so there is no need for someone local, though that sometimes makes it easier for your logistically. But with email, mail and phone, you can work with any lawyer you choose.

Do you really need a lawyer to get an expungement?

Nov 07, 2018 · However, the best expungement lawyer for your needs depends on a few factors; you need a lawyer who communicates with you in ways you're comfortable with, who's known for a track record of successful expungements, and who can answer every question you have along the …

How much does it cost to get an expungement lawyer?

Nov 09, 2010 · For the most part the process of expungement is civil in nature, and requires proper paperwork, notice, service and in some cases a court appearance. Whether or not you need a lawyer depends on your ability to figure out what needs to be done. I would start with the Clerk of the Circuit Court where your case was heard.

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)

How do you get your record expunged in California?

The process of filing for expungement
  1. Step 1: Seek legal counsel. ...
  2. Step 2: Obtain and complete forms. ...
  3. Step 3: File for expungement. ...
  4. Step 4: Meet with your attorney to prepare for your hearing. ...
  5. Step 5: Your expungement hearing. ...
  6. Step 6: If your petition is accepted. ...
  7. Step 7: If your petition is denied.

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.Jul 12, 2018

Will my expunged record show up on a background check in California?

An expunged arrest is removed completely from the public record. Sealing court records generally only applies to crimes committed by juveniles. The arrest and conviction will remain on the person's record but can only be seen by court order. Sealed records should not turn up in a criminal background check.

How long does expungement take in California?

90 to 120 days
How long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.

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 it take for expungement?

STEPS DURING AN APPLICATION

If the Director-General is satisfied that a person meets the requirements, he or she will issue a certificate of Expungement directing that the conviction(s) and sentence(s) of the person be expunged—this process takes 3 months.

Who is eligible for expungement in NJ?

Under N.J.S.A. 2C:52-7, a person who has committed only one (or no) indictable offense during the course of his entire life will be eligible for an expungement. In other words, someone who was convicted of two or more indictable offenses cannot seek an expungement except under very specific conditions.

How long does expungement take NJ?

approximately eight to twelve months
Currently, 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.

Do I have to disclose an expunged felony in California?

You do have to disclose your conviction and that it was expunged if you are applying for a public license or for public sector employment. You have to disclose the conviction and expungement if running for public office. Disclose it if you are applying for a license or contract with the State Lottery Commission.Nov 22, 2021

How far back does California Live Scan go?

seven years
How far back does a live scan background check go? LiveScan background checks are supposed to report criminal convictions dating back for seven years, although some employers may find it necessary to conduct a more in-depth review of an individual's background.

How far back does a FBI background check go?

seven years
Most states restrict the information to seven years, but others allow a 10-year history to be reported, but only for fingerprint checks. Since a FBI background check is different, there's no limit on the length of time this sort of security check might examine.May 3, 2022

Can you expunge yourself in Virginia?

Just as in any area of law, it is possible to represent oneself but both prudent and helpful to have legal counsel. Virginia expungement requires an eligibility determination, Petition, fingerprinting, hearing and follow-up due diligence to ensure that all agencies have complied with the Court's Order. In the case of a dismissal, the expungement can be complicated by a prior finding of facts sufficient for guilt...

Can I represent myself in a case?

Either way, the answer to your question is yes, you can represent yourself.

Do you need a lawyer for expungement?

This is a common question. For the most part the process of expungement is civil in nature, and requires proper paperwork, notice, service and in some cases a court appearance.#N#Whether or not you need a lawyer depends on your ability to figure out what needs...

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.

Why is it important to have an attorney before expunging a record?

Attorneys are so crucial to the expungement process because there is so much at stake. 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. You should absolutely speak with an attorney before beginning the expungement process.

How to get your criminal record expunged?

If you were convicted of a crime in the past and want to know if you can have your criminal record expunged, you should contact a lawyer. An experienced lawyer can help you determine if you are eligible for an expungement and guide you through the legal hoops to get your record expunged.

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 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 ...

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 ...

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.

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.

Can felonies be expunged?

Lastly, federal convictions for felonies generally cannot be expunged.

What is expungement attorney?

Expungement attorneys are trained in expungement law and know that getting your record expunged is important and can have a lifelong affect on you. An expungement attorney will make sure the job is done right and, what may be your only chance, is not blown.

Why do you need an attorney?

A lawyer will make sure it gets done right the first time so you avoid months of delay or becoming ineligible. An attorney is the only one who can handle everything for you. An attorney is trained in the law and will make sure you are making the best possible decision.

How to verify state bar number?

Ask for the state bar number and verify it on the state bar’s web site. Make sure the name and phone number match where you are calling.

Can an attorney go to court?

An attorney is the only one who can go to court for you. Attorneys have spent tens of thousand of dollars and 7 years of higher education to be able to practice law, they are not going to risk their ability to practice law by committing malpractice or stealing your money.

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.

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 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.

What happens if the district attorney opposes an expungement motion?

If the judge requires a hearing, you must attend the hearing and you will be on your own. If the district attorney presents an oral argument in opposition to your expungement motion, you must respond and you are on your own.

Is a non-attorney website dangerous?

These non-attorney website are dangerous and are not governed by the California State Bar, meaning your sensitive personal information is very likely to be at risk and you could very possibly lose your money if you use a non-attorney website.

Can you expunge your record on your own?

If you have the time, patience, and ability to wade through the expungement laws and the statutory requirements to file a successful expungement case with the court, and you do not mind going to court hearings on your own, then you could possibly tackle your record clearing matter on your own. There are often free resources at ...

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 a repeat offender be charged as a criminal?

Subsequent criminal charges and sentences. Many criminal offenses can be charged as more serious crimes when the defendant is a repeat offender. Sentences, too, can be augmented. Your record will be available to the prosecutor and the judge should you end up in criminal court again.

Can you get an expungement for free?

Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free. (That said, you must usually pay a fee at the time you file your paperwork with the court.)

Can you get your arrest without conviction records expunged?

Were you convicted of a crime, or just arrested? Some states will more readily expunge arrest-without-conviction records than those that resulted in a conviction.

Can you seal a record if you have been convicted of a crime?

Have you have been convicted of subsequent crimes? 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.