what kind of lawyer do i need to expunge my record

Full Answer

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 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.

Who can see my criminal record after it is expunged?

• Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
• Human service agencies (social work positions, probation officer positions, counselors)
• Department of Education (working in a public school)

Who can view my record after it has been expunged?

Who Can See My Criminal Record after It Is Expunged? Who are these people and organizations? Only public officials or individuals working in criminal justice will be able to access your un-expunged criminal record, and only on occasions where this information is relevant or necessary. What does that mean specifically, though?

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 much does expungement cost in Texas?

How Much Will It Cost to Expunge My Criminal Record in Texas? As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.

How long does the expungement process take in Florida?

Because of the required process, it typically takes up to 9 months to have your record sealed or expunged. This is because the first step in the process that everyone must go through is obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement.

What felonies Cannot be expunged in Texas?

Crimes That Cannot Be Expunged in TexasCapital Murder.Indecency with a Child.Aggravated Kidnapping.Aggravated Sexual Assault.Aggravated Robbery.Sexual Assault.Injury to a Child, Elderly Individual, or Disabled Individual.Criminal Solicitation.More items...•

Can I expunge my self in Texas?

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer. All you need is the proper forms and easy step-by-step instructions to complete your Texas expungement.

Who qualifies for expungement in Texas?

You must have been arrested, you must not have been convicted or served probation, and the charge that you want to be expunged must have been a misdemeanor or a felony. If you meet these three requirements, expunction is an option you should absolutely consider before proceeding with your criminal case.

Do I need a lawyer to expunge my record in Florida?

Although you can attempt to seal or expunge your record without an attorney, hiring an experienced lawyer to help you through the process may save you time, money, and frustration. We work hard to make sure the process is completed as quickly as possible.

How can I get my record expunged for free in Florida?

Anyone interested in sealing their record should complete the brief form at www.FLJC.org/seal, call 954-758-7555, or email seal@FLJC.org. Everyone will be screened for eligibility for sealing and expungement, and those who qualify will be helped free of charge.

Is there a new expungement law in Florida?

Signed into law by Governor Rick Scott on June 16, 2017, Florida SB 118 will allow for increased record sealing and expungement opportunities for individuals charged, but not convicted, of one or more crimes. The bill passed unanimously through both the House and the Senate before reaching the desk of the Governor.

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.

How long do felonies stay on your record in Texas?

three yearsFelony, three years from the date of your arrest.

How do I get a pardon in Texas?

To apply:Obtain certified court documents directly through the court your case originally occurred at.Prepare a personal statement.Letters of recommendation.Submit your completed Pardon Application to the Texas Board of Pardons and Parole, General Counsel's Office.

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.

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.

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.

Expungements in Pennsylvania

There are certain requirements an individual must fulfill in order to be eligible for an expungement. These are different for adults and juveniles.

Do I Need an Attorney to Handle my Expungement?

While it may not be necessary to have an attorney conduct a filing for an expungement for you, it is often a preferable route to doing it yourself. Due to the large volume of cases, sometimes expungement paperwork can move very slowly through the Pennsylvania Court System.

Pennsylvania Expungement Attorney

If you or a loved one is ready to file an expungement, contact Pennsylvania attorney Joseph D. Lento today.

In limited situations, expungement is available for the adults

Expunging a criminal history means, in essence, that the record is demolished; at least as far the public is concerned. Records may still be made available for law enforcement or employment purposes in some circumstances, but, for the most part, and there’s no longer an expunged record. Not that all criminal records could be expunged, however.

Do you need a lawyer to expunge a charge?

Illinois, via the State Supreme Court-created Access to Justice Commission and the Office of the State Appellate Defender, has taken important steps to make the procedure of expungement more user-friendly. Both offices come together to develop forms to apply for the removal or sealing of criminal records recognized across the state.

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.

What Are the Requirements for Felony Expungement?

As noted above, in most states, an individual must meet certain requirements in order to have a felony expunged. Depending on the jurisdiction, the criteria may include:

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.

Why do people want to have their convictions 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. Even if the individual is not convicted, the arrest and criminal prosecution on their record can cause similar issues.

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.

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.

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 get your 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. 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. The clerk will schedule a hearing and provide you with written documentation of the date and time.

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.

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.

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 expunge a conviction?

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. Other states, like North Carolina, offer free tutoring clinics to low-income persons who can’t afford an attorney. If you feel you need further help but can’t afford an attorney, local legal aid societies can direct you to lawyers in your area who offer legal services for free or at a reduced fee.

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.

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.

What is expungement in court?

Expungement is the process of going to court to ask a judge to seal a court record. Find information, FAQs, tools, resources, forms, rules and laws about (10) …

Do charges fall off your record after 5 years?

Don’t charges automatically fall off my record after 5 or 10 years? No. Nothing is removed from your record without getting an expungement.7 pages (24) …

Do I need a lawyer to expunge my record?

So to answer the question, Do I need a lawyer to expunge my record?, the answer is yes, if you want to be successful in sealing and expunging your criminal (21) …

Does California have an expungement law?

Reduce the impact of your California criminal record. Although true expungement does not exist in California, there may be options to Find a Lawyer. (14) …

Do you have to have a lawyer to seal a record?

You do not have to have a lawyer to seal or expunge your record, but you may decide to hire one to help WHAT BENEFITS ARE THERE TO EXPUNGING MY RECORD:.2 pages (2) …

Can you expunge a conviction?

Depending on the conviction and the amount of time that has passed, you may be eligible to expunge your criminal record. (32) …

Can you seal a conviction in UCLA?

You may be able to seal arrest or conviction records. By Paul Bergman, UCLA Law School Expungement doesn’t necessarily require hiring an attorney. (26) …