How to File an Expunge Motion
If you have committed a past crime, you likely regret it now, because it is part of your criminal record. This record may have made it hard for you to find employment or qualify for loans. Luckily, filing an expunge motion can help you eliminate that crime from your criminal record. During your expunge motion, you must seek out a skilled lawyer who can streamline this sometimes lengthy process.
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Instructions
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Find a criminal lawyer, especially an expungement lawyer. At the very least, look for criminal lawyers or attorneys who have experience in expunge motions. It is also a good idea to obtain references for a prospective lawyer.
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Hire the criminal lawyer who seems most qualified to you. This lawyer should be fully versed in all state laws and procedures governing expunge motions.
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Fill out an application for an expunge motion under your lawyer's supervision. You will have to list your past criminal charges, your case number, and also your rehabilitation attempts that prove you no longer commit criminal offenses. After you file this application, you wait for about 2 to 6 weeks until you receive a certificate of your expungement in the mail.
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Know that you may have to appear before court for your motion, though this does not often occur. If it does occur, your lawyer sets up a court date to file the motion. When this happens, the judge will reopen your case and you can withdraw your past plea of "guilty" or "no contest" and plead "not guilty."
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Wait for a period of 2 to 6 weeks for your expunge motion to be decided. The length of time you wait depends on your past crime. For example, a misdemeanor often takes 2 to 4 weeks to clear. If the judge concurs with your expunge motion, you will receive a certificate of your expungement in the mail.
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Tips & Warnings
You have to be off probation to proceed with an expunge motion. However, you can ask your lawyer to first file a motion for the termination of probation. Only after this termination can you proceed with an expunge motion. You can't expunge a felony through an expunge motion. Instead, you have to apply to obtain a Certificate of Rehabilitation, or apply to have your felony reduced to a misdemeanor.
