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Navigating The Proceedings of an Expungement Case: What to Expect!

Updated: Mar 11

Expungement proceedings offer individuals the chance to expunge their criminal records. With a new fresh start, more opportunities for employment, house, and other various aspect of life become available. Understanding the process and what to expect can help individuals navigate this legal journey effectively. Read the blog post below for more details on expungement case proceedings!


Initial Consultation

The process of an expungement case proceeding begins with an initial consultation with an attorney, such as Brinkley Law. At this initial consultation, your attorney will review your criminal record, assess your eligibility for expungement, and discuss the potential outcomes of your case.


Eligibility Determination

Not every criminal record is able to be expunged. There's specific criteria that is considered when deciding if a case can be expunged. Eligibility criteria varies by jurisdiction, but the most common factors include nature of the offense, amount of time since the conviction, and the how the individual has behaved since the offense.


Petition Filing

After being deemed eligible for expungement, the next step is to file a petition. The attorney assisting you will prepare and file a petition with the appropriate court. In the petition, there will be specific details of your case, as well as an explanation of why you’re requested expungement.

 

Court Review

Once your petition has been filed, it will be reviewed by the court. If deemed necessary, the court will schedule a hearing for you to attend. During the potential hearing, your attorney will present arguments supporting your request for expungement. Also, during the hearing, the prosecution may decide to contest the petition. In other words, the prosecution will have the chance to argue why they don’t feel as though your record should be expunged.

 

Decision

After the completion of the hearing, the judge will consider all arguments that have been presented. If expungement is granted, your criminal record will be sealed. On the contrary, if your petition is denied, your lawyer will have the opportunity to appeal the decision.

 

Conclusion

Expungements can provide a clean slate for many who have a criminal record. Navigating an expungement case proceeding can be difficult, but with the guidance of a knowledgeable attorney, such as Sarah Brinkley, your chances of a successful expungement increase. Contact Brinkley Law at 317-643-1813 for assistance with your expungement!

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