QUESTION

How does one go about getting their criminal record expunged?

Asked on May 04th, 2011 on Criminal Law - New Hampshire
More details to this question:
How does one go about getting their criminal record expunged? What are the costs? Do I need a lawyer? What will it cost?
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31 ANSWERS
Answered on Mar 19th, 2017 at 5:52 AM
It depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. They can be very costly. You can always represent yourself, but as a practical matter, yes you do need a lawyer. Cost depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. Our office stands ready to give you a consultation on your particular situation. We would charge $300 / hour for a consultation and estimate it to take 2 hours.

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Answered on Mar 19th, 2017 at 5:52 AM
It depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. They can be very costly. You can always represent yourself, but as a practical matter, yes you do need a lawyer. Cost depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. Our office stands ready to give you a consultation on your particular situation. We would charge $300 / hour for a consultation and estimate it to take 2 hours.

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Answered on Jun 10th, 2013 at 11:17 PM
It depends on the nature of the case, severity of the crime, and how long ago the conviction occurred.

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Answered on May 23rd, 2011 at 1:02 PM
My first advice would be to obtain an attorney to assist you with this matter. You may be eligible to expunge a prior conviction. However, expunging a crime in Michigan is complicated. This response does not contain specific legal advice. If you need specific legal advice for your own circumstances, I recommend consulting with an attorney experienced with these types of matters. Most attorneys provide free initial consultations. Rates vary depending on who you ultimately retain. Speaking in general terms, there are several significant obstacles to getting offenses expunged in Michigan. Expunging a criminal charge is great way of clearing up past mistakes. However, there are a series of obstacles. First, an applicant must only have one, single, count or charge, whether it's a misdemeanor or felony. If a person has more than one conviction on their record, whether it was multiple counts from the original case, or separate convictions, they are not eligible. Second, certain offenses cannot be expunged. Traffic offenses for example, even something as simple as driving on a suspended license, a lot of high level or capital felonies, and other offenses as listed in the applicable statutes, cannot be expunged. It depends on which offense is currently on the person's record. Additionally, even if a person only had one offense, if they had issues with probation, i.e., probation violations or other infractions while serving their sentence, that may be obstacle as well. There is also a time limitation. Any effort to expunge an offense cannot commence until five years after the date of conviction. Lastly, expunging an offense from a criminal record takes time, requires a lot of paperwork, carries some notable costs, and eventually, applicants need to appear before a judge and convince the judge that they are worthy of having the offense expunged in order to complete the process. Please consult with and retain a criminal defense attorney, preferably an experienced one who has handled these matters, to assist you with the process. Most attorneys offer a free initial consultation.

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Answered on May 11th, 2011 at 9:57 AM
There needs to be a request filed with the court. It can be done personally by contacting the Dept. of Revenue, but that usually takes 3 - 4 months. We normally charge $1000 and can get it done in 3 weeks. For more info or a free quote call us.

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Answered on May 11th, 2011 at 9:23 AM
First, it depends on what the record is for. Some matters such as OWI cannot be expunged. Second, there can only be one offense. If there are multiple offenses at different times, expungement is not possible. As to whether you need a lawyer, everyone has the right to represent themselves in court. However, to expunge a record requires the filing of a motion with the court and the need for a court hearing. The People in an expungement hearing will be represented by the prosecuting attorney. If you think you can research and understand the procedure, you can certainly represent yourself, but, the court will require that you follow the rules. As for cost, without knowing more, there is no way to anticipate cost. For more information contact us.

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Answered on May 10th, 2011 at 10:02 AM
You may want to hire a lawyer to expedite the process.

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Answered on May 09th, 2011 at 3:43 PM
It depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. They can be very costly. You can always represent yourself, but as a practical matter, yes you do need a lawyer. Cost depends on the nature of the case, severity of the crime, and how long ago the conviction occurred. Our office stands ready to give you a consultation on your particular situation. We would charge $300 / hour for a consultation and estimate it to take 2 hours.

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Answered on May 09th, 2011 at 12:26 PM
Sorry, but there are no expungements in NY. There is a certificate of relief from civil disability, but that does not eliminate the criminal record, but it can help somewhat. Good luck.

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Answered on May 09th, 2011 at 9:41 AM
An expungement is a court procedure in which the appropriate motions are filed requesting that your criminal records be pulled and deleted. It is not automatic and involves approval by the court and DA and can possibly involve a conflict hearing. For these reasons and the fact that you will need to be sure that the documents and motions are filed properly, it is advisable to have the proceedings handled by an attorney. The cost will be based upon filing fees for the various motions with the court and the amount that your attorney charges to handle the item. You should call an attorney in your area who will be able to quote you a fee including court costs on expungements.

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Answered on May 06th, 2011 at 11:08 AM
In order to be eligible for an expungement you can only have one conviction on your record including misdemeanors. All crimes are eligible for expungement except crimes with a possible life sentence and criminal sexual conduct crimes. You must have waited at least five years since the date of your conviction or upon release from prison. There is a lot of paperwork involved and you can go "how to set aside a conviction" and a packet of information should come up which explains everything. If you do the expungement on your own, it should cost you anywhere from $150 to $250 or so depending. If you hire a lawyer, expect a price anywhere from $1,000 on the low end to $1,500 for the average cost. You don't necessarily need a lawyer to do the expungement unless: 1) it makes you feel better to have a lawyer fill out everything and file all the necessary paperwork, or 2) the prosecutor is objecting to your expungement.

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Answered on May 06th, 2011 at 9:13 AM
Generally to request a case be expunged you do not need an attorney, but it is advisable so that everything can be done properly and in the most efficient manner. It requires the filing of documents with the Court or Court Clerk in the county where the convictions occurred, followed by a court appearance and a hearing regarding the motion and request for expungement.

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Answered on May 05th, 2011 at 4:04 PM
Yes you need a lawyer. The court cost in Tennessee is $150.00 The attorney fees vary.

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Answered on May 05th, 2011 at 3:54 PM
You would be wise to hire an attorney to get your record expunged, as the process can be a bit confusing. Essentially, you would be applying to the Board of Pardons for either a provisional pardon (which would mean that, while your criminal record would still be available to law enforcement, it would not be available to employers) or a full pardon. You can apply for a provisional pardon at any time, but you must wait three years from the date of your last misdemeanor conviction, or five years from the date of your last felony conviction, before you can apply for a full pardon. Also, if your pardon request is granted, you would want to follow up with requests to have the records erased by any institution that may have such records on file, like the court or the police department that arrested you. If you hire an attorney, you should expect to pay somewhere between $2,000 and $10,000 depending upon the facts and circumstances of your case.

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Answered on May 05th, 2011 at 12:10 PM
As long as you have successfully completed probation, am not currently on probation for anything else, and have no criminal matter(s) currently pending, you are eligible. Contact an attorney to file the petition for you and conduct the expungement hearing.

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Answered on May 05th, 2011 at 12:07 PM
If you are eligible (if enough time has passed without any more crime) expungement is relatively easy. It is not available for all offenses. It should not cost more than $1000 for a lawyer to do this.

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Answered on May 05th, 2011 at 12:04 PM
It is a petition that is filed with the court. The costs to file in L.A. County is $120 per conviction. Each conviction needs to be expunged separately. Depending on the type of charge (misdemeanor or felony) there are different things to consider when petitioning. It is not required that you have an attorney, but I would recommend it. For misdemeanor expungements, I charge $999. Feel free to contact me should you have any questions. I also have more detailed info about expungements on my website.

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Answered on May 05th, 2011 at 11:54 AM
Hiring an experienced criminal defense attorney can provide you with the best options for possible expungement of criminal records.

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Answered on May 05th, 2011 at 11:40 AM
You don't have to have a lawyer but it's a good idea. Depending on your situation you can spend anywhere from 2500 to 7500 dollars for effective, competent legal representation.

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Answered on May 05th, 2011 at 11:37 AM
In San Diego the cost is $120 for filing and hundreds for an attorney. Although you can do it yourself, it is always wise to have counsel to represent you. An attorney can avoid certain pitfalls or assure that the correct process is undertaken to advance your interests.

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Answered on May 05th, 2011 at 11:37 AM
Criminal convictions will not be expunged. See my website under FAQ.

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Answered on May 05th, 2011 at 11:34 AM
It depends on the type of case and the details of that case. Your question is very vague so I would recommend hiring an experienced lawyer such as myself. Visit my website for more information and call a qualified attorney to discuss the details of the procedure with you on how to have your criminal record expunged successfully.

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Answered on May 05th, 2011 at 11:34 AM
Many felony, misdemeanor and infraction convictions can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need. The cost involves a filing fee to the court and modest/reasonable attorney fees. It isnt hugely expensive. Contact me.

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Answered on May 05th, 2011 at 11:33 AM
If you only have one offense ever, and it's not a certain kind of crime, you can expunge it. Contact me to discuss.

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Answered on May 05th, 2011 at 11:32 AM
Only certain charges can be expunged and there are time requirements associated with your eligibility as well. Depending on the charge you are looking to get expunged it can get quite complicated, or it can be a simple matter of paperwork. The difficulty will aslo determine what a lawyer will charge. Please give me a call so we can discuss the facts (free of charge) so I can give you a more specific answer.

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Answered on May 05th, 2011 at 11:15 AM
An expungement is available for one (non-excluded) offense after 5 years have passed. A Motion is filed in the Court where the offense was concluded. The cost includes a possible filing fee, the fee for processing your fingerprints with the State Police, and the attorney fees. Each attorney may charge a different fee, depending on the Court and complications with the case. You will need to contact the attorney who you wish to handle the case for their fee. If interested in an expungement in Wayne Oakland or Macomb, you may contact this office to discuss representation and fees.

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Answered on May 05th, 2011 at 10:59 AM
The cost of getting your record expunged depends largely on the seriousness of the case your are trying to expunge. Each lawyer may charge a different fee. Many attorneys charge under $500 for this service unless your matter is complicated. Some attorneys charge considerably more. The filing fees also vary from county to county. Typically, the filing fee ranges from $60 to $250. If you would like to know more information about the costs associated with your case in particular, please contact our office for a free consultation.

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Answered on May 05th, 2011 at 10:57 AM
There is no expungement in NY.

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Answered on May 05th, 2011 at 10:46 AM
What county as Atty fees vary. Whoever represented you on your case should do it. For a former client, no charge. For a new client $1500 to $2500 depending on how far I need to travel.

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Answered on May 05th, 2011 at 10:45 AM
You need to file a petition. There is a filing fee of $250. If you hire an attorney, they will usually charge a few hundred dollars in most cases. Most courts also have a package of paperwork you can do yourself. There are some crimes that cannot be expunged, so before you spend the money, you can see if your crime qualifies for expungement. As to the process, every county is slightly different in how they are processed. The entire process, start to finish, usually takes about 3-4 months. Most of that is waiting for the State to review the petition. Many people prefer to hire a lawyer, in case there are any hiccups in the process. It is an important outcome you're seeking, so if you have the funds, you may want to hire an attorney who knows how to do this. Go to our site if you want more information on our services.

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Answered on May 05th, 2011 at 10:45 AM
See RSA 651:5, it sets forth time requirements. You can do itself but if you make a mistake you must wait 3 more years. Fees to New Hampshire are about 450.

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