How can you do an expungement without paying an attorney?

Answer 1

Using an attorney is not required by any court. Expungement of a criminal record is a criminal proceeding. The Sixth Amendment to the United States Constitution, applied to the states through the Fourteenth Amendment, grants the right of self-representation in all criminal matters.

However, the process of expunging a record, which varies by state, can be complex and confusing. In some states, it is just a matter of filing the required paperwork. In other states, it requires filing paperwork, collecting evidence, and arguing for expungement in front of a judge and against the arguments of a district attorney. So while you do not have to use an attorney, it may be wise to do so in some cases.

If you wish to do it without an attorney, start by calling the court and asking if they have forms or petitions for expungement. Be aware that the word expungement has different meanings in different states. What is called expungement in California may be called record sealing, vacating, or setting aside a judgment in your state. If the court cannot provide the necessary paperwork, try calling your county's public defender or legal aid society. If that does not work, try calling your county's bar association and ask them if any lawyers do pro bono (free) expungement service. Most counties have a law library that also could provide information.

If you have convictions in more than one state, make sure you research the expungement law of the other state or states prior to proceeding; filing in the wrong order may cost you eligibility in one of the states.

Only attorneys are allowed to charge for legal advice, so be very cautious with dealing with anyone, especially over the internet, who charges for assistance.