Quick Answer: Do I Need A Lawyer To Get An Expungement?

Is expungement civil or criminal?

Black’s Law Dictionary defines “expungement of record” as the “Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository.” While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court ….

Can a felony be removed from your record?

Expungement. The only way to get rid of a felony record is to have it expunged, which means erasing the record like it never occurred. Requirements for expunging a record vary by state. … Other states only allow “youthful offenders” to expunge their records, and still other states require proof of rehabilitation.

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.

How do I request an expungement?

File a DIY Petition for Expungement in CaliforniaObtain a copy of your criminal record. You can get a copy of your record from the superior court.Complete probation. … Pay all fines, fees, and restitution.In the case of a felony, petition the court to reduce charges. … In the case of a misdemeanor, complete and submit CR-180.

Do you have to go to court to get an expungement?

In some cases, a court hearing is required, after which a judge will decide whether to grant the expungement. … Also, there are some jurisdictions that require a formal approval of expungement from the prosecutor’s office before it can be considered by the court, which may take some time and effort to obtain.

How long do I have to wait to get my felony record expunged?

about 4-5 monthsStep 3: File for expungement A typical timeframe to complete the expungement of a felony in California is about 4-5 months. Cases are heard by the courts in the order in which they were filed. File the forms at the court in the county where you were convicted.

Can you still buy a firearm with a misdemeanor?

Under federal law, yes, as long as that misdemeanor is not a crime of dosmetic violence. Under federal law, any felony conviction is a lifetime disqulaifier from possessing a firearm (note that you can own a firearm, you just can’t possess it).

How much does a lawyer charge for expungement?

Typical costs: 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 have a felony expunged from your record?

Cost to Expunge a Record Felony cases are $740, plus a $175 filing and processing fee. This includes having the felony reduced to a misdemeanor if you are eligible for a reduction. There is no extra charge for us to ask the court to reduce the felony to a misdemeanor prior to expungement.

What do you say to judge for 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 much does it cost to expunge a DUI?

In order for DUI driving records to be expunged, the application must be submitted with the required transaction fee. DUI driving record expungement proceedings may cost at least $100, and can cost as much as $400.

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.

Can FBI See expunged records?

“The FBI will process requests for sealings or expungements as directed by the state of Massachusetts,” the agency said in a statement. … The FBI generally doesn’t update those records, however, so they show up even if someone is found not guilty, if the charges are dismissed or if the records are sealed. Sen.

Who can get an expungement?

Under California law, misdemeanors and felonies can be expunged so long as:Your conviction was from a state court (federal convictions are not eligible).You have completed any probation required for the offense.You have met all conditions of the sentence.You either: … You are not currently charged with another crime.

Can I file for expungement without a lawyer?

If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free.