The expungement laws of all states vary and are not identical in how the process operates or to whom, or how, you direct your request. In some it is the court system - in some it is the Attorney General's Office - in others it is the State Police - etc. -etc. The law itself also varies and not all offenses in all states qualify for expungement.
In any case - it is NOT a case for a do-it-yourself project and I STRONGLY recommend that you contact legal counsel to (#1) determine if you even qualify and then (#2) to assist you through the process.
You're going to be paying at least $150/hr. in most markets. Luckily, if you've met the requirements for expungement, filing the paperwork doesn't take very much attorney time.
Expungement attorneys take care of expunging your personal criminal records. They research whether you are eligible and if they think that you have a case. They can then offer advice and proceed with your case.
No such form. Must be presented to the court in the form of a legal "motion."
No such form. Must be presented to the court in the form of a legal "motion."
Most all states have some method of legal expungement of a criminal record. However, ALL are different. You must check your particular state's procedure and follow the protocol to submit your request. This is NOT a do-it-yourself project and the assistance of legal counsel will probably be necessary.
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.
Felony
absolutly not
My case #pc71 and where can we get an expungement Papers
no, only felonies do.
You have to have your rights restored, which, strictly speaking has nothing to do with expungement.
ANYONE can submit a petition/motion for expungement, there is no limitation. The only requirement for expungement is that you have completed your sentence and/or exhausted all appeals.