For any expungement of record, the first question that arises is: Do I need a lawyer to expunge my record? So the answer is yes one must need a lawyer to expunge their criminal record. In any expungement case, anyone can represent themself. You shouldn’t, though. This page is for you if you’re thinking about having your record expunged but don’t think you need a lawyer to do it. Listen to me out first before you reject this article as a self-serving work of fiction from the corporate world.
Reasons to Apply for Criminal Record Suspension
A criminal history can significantly lower your quality of life. Getting the record wiped is one option to lessen the problems that may arise from your sad circumstance. Currently, a person’s “record” refers to everything that may be discovered via a background check. Therefore, these records may be discovered while doing a record check even if the charges were dropped or you were found not guilty. Charges by themselves may result in issues with your ability to get work, and find housing. Many other aspects of your life, as will be explained below.
Determining Eligibility for Expungement
No one should be surprised that the legislature’s interpretation of the expungement legislation is as plain as mud. The legislation used to erase various sorts of criminal records each has its filing, service, and proof requirements. Numerous limits, conditions, exceptions, and legal requirements are outlined in these laws’ tens of thousands of words, all of which interact with one another. A lawyer can assist you in sorting through all the fluff and swiftly inform you as to whether your case is eligible for expungement. If so, what steps need to be taken to make that happen?
Difficulties Obtaining Required Documents for Expungement Eligibility
One should obtain as much proof of your criminal history as one can certify that you are eligible. These records might be hard to get and rather old in certain cases. Your lawyer would be able to seek the right records from whoever, making the procedure simpler for everyone and quicker for you.
Meeting Legal Requirements Doesn’t Guarantee Expungement Approval by Judge
Legally qualifying for expungement is not sufficient in and of itself to get one. Additionally, the judge must find in the court file that the following three conditions are met:
- You have demonstrated through your actions that you are not a threat to the state’s public safety.
- The expungement is consistent with the public welfare
- The interests of justice warrant the expungement. The judge’s decision on these two findings is entirely “discretionary,”. So if he or she doesn’t think your request for expungement is justified, he or she may reject it.
A lawyer can assist you in articulating your unique justifications for requiring and meriting the expungement. Your expungement attorney can assist you to present your case to the judge in a way that increases the likelihood that your request for expungement will be granted since they have likely appeared before the judge previously.
Will You Save a Tonne of Time and Stress by Hiring a Lawyer?
Spending hours upon hours conducting all the essential research for your expungement would be a waste of your precious time. On your own, you’ll squander weeks figuring out whether you’re eligible, looking for court records. Learning how to form a petition. File it following your county’s unique court rules, and serve the other parties. Those weeks will unquestionably be better used doing nearly anything else.
The costs that lawyers charge for expungements are fair and relieve you of a lot of labor and worry. The expungement procedure is rather simple for you if you hire an attorney to handle it. The detailed answer to this question Do I need a lawyer to expunge my record? As mentioned above.
Once you’ve given the expungement attorney the necessary details on yourself, your present situation, and your prior criminal history. They will take care of the rest. In addition to drafting your petition for you to sign. They will file it in the proper court with all the supporting materials, set a hearing date, serve your petition to every other party, plus prepare the testimony for the hearing.
Rejected Expungement Request Means a One-Year Wait for a New Attempt
You must be careful to complete your expungement application properly. Under the expungement statute, you are not permitted to file another petition until a year has elapsed after the date of your initial petition if your expungement petition is dismissed by the court. It’s preferable to not simply wing it if you’re not sure what you’re doing since there are consequences for doing it incorrectly. You can avoid dismissal and a one-year prohibition on refiling by making sure that everything is done right the first time with the aid of an expungement lawyer.
Where Can I Find a Lawyer to Have my Record Cleared?
The answer to the question do I need a lawyer to expunge my record? is “yes” but It’s critical to speak with a lawyer to guide you through the expungement process if you are worried that your criminal record could be used against you and believe that you might be eligible. Your options and legal rights can be better understood with the aid of a competent expungement attorney. Your lawyer can offer legal research to answer any particular queries you may have regarding the expungement rules in your region or state.
I hope now you know the answer to the question do I need a lawyer to expunge my record? Depending on the case, filing, and court fees may be more than the typical range. If you decide to receive assistance, you will also need to pay to hire a lawyer. This may get pricey, but it’s worthwhile if it allows you to grow professionally or get work as a result of the expungement.
Overall, the expungement procedure can be frustrating. But with a lawyer’s assistance, you can be sure that you are doing everything you can to get your record cleared. It is better to take care of it as soon as you can so that you may position yourself for future success.