The Expungement Process
Sometimes we make mistakes and those mistakes follow us for years. If you have a previous conviction on your record in many cases, you may be eligible for an expungement. From minor misdemeanor and traffic offenses to serious felony convictions, we have helped our clients clean up the past and get moving on a new path.
Expungements are a difficult and time-consuming task that, if not done correctly, can be denied for a lot of little inconvenient reasons. While it is possible to file for an expungement on your own, I would recommend that you give me a call to discuss your options. The filing fee is $550.00-600.00 dollars and will not be refunded if a mistake is made. Before you fill out the paperwork, call me to discuss your case. I may be able to get the fee waived in certain cases.
Certain crimes cannot be expunged and these crimes are outlined in the statutes that cover the expungement process. However, some new legislation has been passed that makes some previous ineligible crimes eligible now. There are several different ways to apply for the expungement and each one has certain requirements that must be met. That is why I would recommend that you speak with me to talk about the options you have available to you with regards to your expungement.
If you are trying to expunge an arrest the case must be dismissed and the time limitations for prosecution must have passed. That is 2 years from the date of arrest for most misdemeanors and 4 years from the date of arrest for most felonies. Certain arrests are not expugnable, which is why you should always consult an attorney prior to filing an expungement because Courts will not refund your filing fees.
If you have been convicted of a felony and want to expunge that conviction there are several things to know:
1) If your conviction is for a crime of violence or sex offense, it is unlikely you will be able to expunge that offense.
2) If you did not enter a plea under Article 893, then you have to wait certain time periods before you can expunge your conviction. 10 years from the date you finished all the terms of your probation or sentence and all fines and fees paid.
3) If you did enter into a plea under Article 893, you may be able to expunge your felony if you have successfully completed the terms of your probation, you did not get any other charges while you were on probation, and your fines and fees are paid in full.
4) If you did not enter into a plea agreement under Article 893, but you received the first-offender pardon, you may be able to expunge your case if you have not gotten any other charges and your fines and fees are paid in full.
If you have been convicted of a misdemeanor and want to expunge that conviction, there are several things to know:
1) Certain misdemeanors are not expungable, these include domestic abuse charges, certain misdemeanor sex offenses, and crimes of violence.
2) DWI expungements require certain time limitations to pass before you are eligible to file. The filing fee for a DWI is 600.00 dollars.
3) You should always consult with an attorney before filing for an expungement.
Get the help you need with this process today. Let us at the McLaren Law Firm help you clean up that old conviction and get moving onto a new and brighter future. We can help minimize the negative effect of those old mistakes so that you can pursue a new fresh take on life. Contact us today to discuss your options.