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| | | A criminal record can hurt your eligibility for student loans or housing assistance, and can bar you from some types of professional licenses or certificates. Expungement is the process of asking the court to destroy a specific record. | | |
| Typical costs: | - Hiring an attorney to handle an expungement starts around $400 -$1,000 for a single criminal charge but can run $1,000 -$4,000 or more depending on the number and nature (misdemeanor or felony) of the charges, prevailing local legal rates and the status and experience of the attorney. Court costs and filing fees can add another $100 -$400 or more, depending on location and how much other paperwork or research is needed.
- It's possible to handle the expungement process yourself, but it's important to be sure every phase is completed correctly.
What should be included: | - Expungement is intended to help people (particularly those who were not convicted or successfully completed probation) who have made past mistakes but are now law-abiding; the goal is to help them keep their life on track by freeing them from the burden of a criminal record. Generally, expungement destroys the records, while officially "sealing" them makes them inaccessible (they don't show up on a routine background check) except in specific circumstances. The American Bar Association provides a resource guide which includes an overview of the expungement process for each state.
- Typically you will need to obtain a copy of your record where you were arrested and charged, to see exactly what is listed. You then file a formal petition for expungement of each specific charge. ClevelandHeightsCourt.com provides an explanation of the expungement process; remember that the details will vary in other jurisdictions.
Discounts: | - If you can't afford an attorney, call the Legal Aid office in the area where you were convicted to see if you are eligible for free or reduced-rate legal help. Some, but not all, legal aid offices provide help with expungements, according to Western Michigan Legal Services
Shopping for expungement: | - When first contacting a lawyer, try to have as many details about your situation as possible. Be sure you understand whether the attorney charges a flat fee no matter how much time is involved, or an hourly fee that could mount up if the case becomes complicated. The State Bar of Georgia provides a pamphlet on how to choose a lawyer.
- The American Bar Association links to lawyer referral services by state. You can also search for attorneys through the Martindale-Hubbell Legal Network's Lawyer Locator.
- Your attorney should provide you with a written fee agreement. Be sure you understand what is covered, and any other fees and expenses you might have to pay.
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Article updated October 2008 |
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