DUI Expunge
 

Expunging Felony

Not every case can be expunged. Every state has its own requirements that have to be met before a criminal record can be expunged. Contrary to popular belief, records are not "sealed" automatically with the passage of time, but require the filing of a petition with the court requesting the expungement and stating the reasons you are requesting it and how you meet the criteria set by law. The procedure can take between three months to almost a year depending upon the Court and the severity of the case. The fees are usually very reasonable, in the neighborhood of $2,000 to $2,500.00, and include research, filing fees, the drafting of the Petition, and any Court appearances.

General guidelines about expungement programs:

  • You have to apply in writing for an expungement. This should only be done by an experienced professional/firm/lawyer.
  • If you are acquitted of a criminal charge, you may be able to have the records of the arrest and charge sealed immediately.
  • Arrest and conviction records are not automatically expunged or sealed after a certain time period.
  • Expunged convictions could be used to increase the severity of a sentence should a defendant again be convicted.
  • Convictions cannot be expunged until about one year after they occur, and if the defendant is done serving the sentence and is facing no new charges.
  • Not all convictions are eligible for expungement. In many states, defendants cannot expunge felony convictions or convictions involving sex offenses.

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