Can I file an expungement myself? 55 Answers as of October 31, 2011

You can do it yourself, but if it is done improperly the rules mandate that another not be filed for another 3 years. There is a filing fee with the court of $100, DOC requires $100 for background check and if granted DOS requires $100 to change the state computer records. The RSA is 651:5 the most important detail is that the proper amount of time have passed since the conviction. In terms of a lawyer's fee being too much, sometimes it makes sense to pay a professional to make sure it is done properly. I have known many folks who get an annulment of a criminal record on their own and others who want a lawyer to do it. I can tell you that my fee for an annulment is not particularly high, it would certainly not enable me to make a living if that was all I was doing. Feel free to call if you have any questions and good luck.

Massachusetts does not have an option for "expungement" except in extremely narrow circumstances that rarely apply. However, the relief that Massachusetts does offer is sealing of your record and this is something that you shou;d be able to do yourself if you meet the statutory guideline. Instructions are available on the internet and you can also contact the probation office in the court where your charges lie and they should be able to assist you and provide you the necessary forms. The issue is whether or not you qualify. You can get more information about qualifying on my website or other locations on the internet.

The reason why attorneys are expensive is because they have the skill and knowledge to navigate someone like yourself through the system. However, yes you can file for an expungement yourself. However, if you cannot figure it out we can represent you, but as you indicate it will be expensive.

If you know how to do it, you can.

If you don't know what to do, and the Court Clerks don't know and can't tell you, you need to hire an attorney.

Court clerks cannot give legal advice. Often probation officers can assist. I would contact an experience certified criminal law specialist for an initial appointment which usually are free who can advise you as to what the procedures in your individual county are. You can then decide if this is something you want to tackle yourself.

Every person has the right to represent themselves in court. It is against the law for the county clerk or his/her staff to provide legal advise. If you wish to do this yourself, you should spend some time in the county law library and research the law on this subject.

Yes, you can file for expungement by yourself. You need to file an expungement form with the arresting agency. You will not qualify for expungement in Georgia, however, if you were convicted of the offense.

Most judges and attorneys not only clerks don't know how to expunge records since it's so relatively new... I'd strongly suggest hiring an attorney but someone actually experienced to do it for you.

if you go to the Colorado Supreme Court website, there are forms etc on how to seal a criminal record. That should get you through it.

Yes you can. You simply enter your appearance "pro se"

Yes. See http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/guideToCrimHistoryRecords

Read Penal Code 1023.4 (google California Penal Code). It is confusing but don't let the clerk bullshit you. They have forms for 1203.4 which they should give you. If you were represented by a public defender they have to do it without charge and if you were on probation, quite often probation officers will also do it for you. I assume you are talking about a California conviction. You cannot expunge a federal conviction.

Yes you can. It is not that the clerks have no idea, but they are prohibited from giving you legal advice under the government code.

Sure, you can file an expungement yourself. See the Clerk of Court's office in the county where your offense was heard, and they will give you information and a packet of forms and instructions on proceeding with the expungement.

You can always be your own lawyer. You can also take out your own appendix with a swiss army knife and no anthestetic, both are equally painless.

There is no law preventing you from representing yourself. But many people find they get better results using an attorney.

You can. It costs $300 and it's called a motion to vacate and dismiss. Some crimes cannot be vacated however. DUI, sex offenses, Kidnapping and Serious Violent felonies are forever.

There are no expungement laws in the State of Alabama. There has been an expungement bill pending in the Alabama legislature but it yet to pass.

Thank you for your inquiry Of course you can proceed without an attorney. However, you identified the problem. How do you do it without the infomration you need. I often compare the choice of getting an attorney to do a legal matter to the choice of going to a dentist and getting a filling. I am sure that I could probably give myself a simple filling without a dentist. However, the dentist does it all the time, knows what to avoid and what to do, and it would hopefully be less painful if the dentist gave me a filling than if I did it myself. Even though without a dentist, it may be cheaper. The choice is yours. However, whatever the offense, I am sure that it would be worth the attorney fees to have it done once, done easily, done correctly, and not have to go through the struggle and pain of having to do it on your own. Or, you could do it yourself, and it may be cheaper. I hope that this was helpful. Sincerely,

Yes, but the clerks cannot give you legal advice. It's a catch 22.

Yes, attorneys do cost money. Is the price worth it to make sure something as important as an expungement is done correctly? That being said, yes, you certainly kind file for it yourself. It basically amounts to a lot of paperwork, getting fingerprints, copies of your judgement, criminal record, and making sure everything is filled out and filed correctly with the proper amount of copies and notice given given to the right authorities. There are some fees attached as well. If you do it yourself, it will probably cost maybe as much as $300-400 for out-of-pocket costs. You can google for a packet on How to Get a Conviction Set Aside in Michigan and it will tell you everything to do step-by-step. The county clerks will not be able to tell you. If the prosecutor is contesting your expungement, then I would strongly suggest getting an attorney involved. Jared C. Austin, Attorney-at-Law CONFIDENTIALITY NOTE: The Information contained in this electronic message is legally privileged and confidential information intended only for the individual or entity named as recipient. If the reader is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this electronic message is strictly prohibited. If you have received this electronic message in error, please notify the sender immediately by return electronic message and immediately delete this message from your system.

Yes, you can. In north San Diego, where I practice, the criminal business office has a packet that you can request and fill out yourself. If your local court doesn't have it, perhaps you could obtain it somehow from the Vista courthouse (the motion is the same no matter where you are.) If you want to hire an attorney, I charge a flat $1500 which I think is about standard. Good luck.

Go the Colorado State Judicial Home Page. Search "forms" for a "petition to seal." Follow instructions.

You can always represent yourself. The reason you hire an attorney is that he knows what to do and how to do it. If you feel comfortable researching what requirements there are and what forms and/or motions need to be filed, and then preparing them, filing them, and then going to court to argue them, then go ahead.

Yes. there are usually forms for the public. It is encouraged.

Yes you can, but if you want the petition granted, you better do it right. If you mess it up and it is denied, the denial will become a permanent part of the record, and you'll probably have to wait a while before you can file the petition again.

Yes. There is a judicial council form: http://www.courts.ca.gov/documents/cr180.pdf. Fill it out and file it. If they try to make you pay $120 up front.

Yes you can it is called a 1203.4 motion. You can contact the public defender.

Yes you can try to file yourself, if you know how to do so properly and effectively. As indication of your need for assistance, the County Clerks office has nothing to do with expungement. Many convictions can be 'expunged' from criminal records by proper application and Petition, but only if there was no felony prison time sentenced, and if it was not for certain listed Sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Expungement will help in obtaining and keeping employment. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need. The costs are about $125 for court filing fees, and about an hours attorney time charges.

Greetings - Yes, go to www.mncourts.gov click on "Court Forms" and then "Criminal Expungement" to find a packet of information and forms.

Yes, you can file on your own. However, there may be a hearing involved and this can get complicated for someone who is not familiar with court hearings. Go to the self help section of your county's court website.

You could, but without knowing what is necessary for the paperwork you will find it tedious and time consuming. If the Order is not correct, the Clerk will keep sending it back to you. You need several requirements. You can try to find a form online or in a law library but the changes to local rules will ensure that you may have to file it several times before it is accepted.

You can file it yourself, although expungements are only for juvenile cases, while record sealing is for adult cases. Go to this website: http://www.courts.state.co.us/ and find the "Forms" tab and locate the forms you need. Good luck - it is much more difficult than it seems on the surface, but it is possible to do yourself.

We aren't expensive. We charge $199 for a misdemeanor expungment. To answer your question, yes, you can do it yourself.

Clerks are not supposed to give law advice. You should not file the expunction on your own because if you leave out a party or do something incorrect, then you have wasted time and money. Have you bothered to contact several lawyers about what they charge do to an expunction or are you just assuming they are too expensive? Try making some calls.

Yes, you have the absolute right to represent yourself, but you will be held to the same standards as an attorney. Though expungement proceedings are authorized under state law (California Penal Code sections 1203.4 and 1203.4a), each county may have their own policies, procedures, and forms. You may be able to get information from your court's website, or from the county's public defender office. This information is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

Expungement is what you file with the State Patrol when you want nonconviction data deleted. In court, you file a motion to vacate a conviction. You can do it yourself although you should have an attorney. There are forms on the Washington Courts website.

Any one may file an expungement. However, it should be done by someone that knows how to do it.

Yes. Forms are on line through the administrative office of the courts and even some courts.

Of course you can represent yourself.

Technically, you can, but it's a whole lot more complicated than most non-lawyers can manage by themselves. (And actually, a lot of lawyers mess them up toothey're not easy to figure out if you don't handle them on a regular basis). For example, for starters, you have to file an expunction case with the District Clerk, even if it's for a misdemeanor offense. Don't blame the clerksthey cannot give you any legal advice without violating the law themselves, and risking getting fired. If you're looking for a less expensive way to get an expunction, I may be able to help you. If you'd like to email me your case information, I can check for you to see first if you'll even qualify, with no obligation, and if you do, I can offer you two different affordable representation options.

Yes. Most court websites, including the state court website, have step-by-step instructions and forms needed to proceed on your own.

Yes, an expungement can be filed pro se. The statute specifies how the petition needs to be completed and how the order should read. There are also affidavits that must be completed and must accompany the petition and order. Everything must be done exactly as the statute calls for. This is generally why an attorney would be helpful.