Do you need an attorney to expunge your criminal record?

Answer 1

Using an attorney is not required by the 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 are working with an attorney, make sure they are licensed in your state and experienced with expungement. If you have convictions in more than one state, make sure the attorney researches 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.

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I would advise against it. A motion to expunge is not generally considered a do-it-yourself project unless you are extremely familiar with the law and legal matters.

Answer 2

Individuals can represents themselves on any legal matter. However, one famous quote among attorneys is, "An attorney who represents himself, has a fool for a client." So keep in mind, even those with years of formal education only unwisely represent themselves in court.

While you can file and proceed on an expungement pro se (on your own), it may not be worth it. Not only is it very time consuming to do all the research and type the documents when you're starting from square one, but in some jurisdictions if your lose on an expungement you may be required to wait a designated time period before filing again.

Expungements are surprisingly inexpensive. The relatively high risks and sheer time spent doing it yourself makes the low cost of having an experienced attorney do it for you correctly the first time more than worth it I assure you.

You can look in your local yellow pages for criminal attorneys, or far better talk to friends with recent legal troubles, they'll be able to tell you a lot about local attorneys, not only how their attorney did, but also how the other attorneys in the courtroom seemed to do. Good questions to ask are if they felt as though they were treated with respect as a client, if billing was fair and reasonable, and if they felt like they were given the answers and time that they believe their case needed and deserved.

Answer 3

It isn't totally necessary, - BUT - there are specific legal papers to be filed and procedures to follow. Unless you feel you are conversant with the law and procedures and competent to word your own motions and arguments properly it would probably be best to engage the services of an attorney.

Answer 4

"As with any legal matter, it is always best to hire an individual who is trained and knowledgeable in the area in question. It is possible to proceed without a lawyer, however it is a lengthy and complicated process. For that reason it is best to hire an attorney."