Question: What Do You Say To Judge For Expungement?

How do you ask a judge for an expungement?

Always begin the letter with a formal greeting, such as “Dear Judge…”, before composing the rest of the letter.

Then, write the first paragraph of your letter by explaining why you are writing, what charge you wish to have expunged, and a short description of why you feel it should be expunged..

How long does it take for something to get expunged?

So the sooner a petition is filed, the sooner it will be reviewed. Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.

Why would an expungement be denied?

An expungement can be denied for statutory reasons, such as not meeting the required timeframe for a class B misdemeanor DUI, which is 10 years, or for a class B misdemeanor theft offense, which would be three years. … Another reason to be denied an expungement would be the judge, who may not want to grant the petition.

How much does it cost to hire a lawyer for expungement?

Hiring an attorney to handle an expungement starts around $400-$1,000 for a single criminal charge but can run $1,000-$4,000 or more depending on the number and nature (misdemeanor or felony) of the charges, prevailing local legal rates and the status and experience of the attorney.

How much does it cost to get DUI expunged?

Our fee for a misdemeanor DUI expungement is $650.00. This includes all legal work, Court appearances, and includes all court fees. Payment arrangements can be made. Felony DUI fee is $850.00, all inclusive, including a motion to reduce to misdemeanor as required.

Can you pass a background check with an expungement?

Expunged and sealed records can sometimes show up on criminal background checks. … Since these databases are the go-to source of criminal history data for so many background check companies, sealed and expunged records will often still find their way onto a large percentage of pre-employment background checks.

Can you look up expunged records?

For the most part, private employers, landlords and others who perform a background check on you will not find your expunged records. After your record is expunged, in most states you are legally permitted to answer “no” when asked about criminal records on employment or rental applications.

How do I confirm an expungement?

To prove that the record has been expunged, they must go to a judge to get a certificate of disposition and a record of expungement to give to the background checking agency. The agency will then verify the documents with a judge and update the background report.

How do you start an expungement process?

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

Do you have to disclose an expungement?

An expungement ordinarily means that an arrest or convictions “sealed,” or erased from a person’s criminal record for most purposes. After the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted.

Do I need a lawyer for expungement?

If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process. … You usually will be required to pay a fee in in order to file the expungement application with the court. In more complex situations, you will need the assistance of a qualified criminal law attorney.

How many times can you expunge your record?

Asking to Seal Your Record Again Many states that allow convicted defendants to expunge their records offer the remedy only once. After that, records of criminal convictions cannot be sealed.

What qualifies expungement?

A. Generally, an individual qualifies for an expungement under Penal Code 1203.4 if he or she: (1) committed a felony or misdemeanor and was not incarcerated in the California state prison, (2) fulfilled the terms of his/her probation, and (3) was not convicted of one of the specific crimes that make someone ineligible …

Can a felony be reduced to a misdemeanor?

How Can a Felony Be Dropped to a Misdemeanor? A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime.

Can FBI See expunged records?

A Level 2 FBI Background Check A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.