Legal Corner

Thanks to everyone responding for the information! eom
G2 1801 reads
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G22930 reads

I'm talking about a misdemeanor where all requirements of the court had been met, and the lawyer was supposed to have filed the proper papers to expunge the records.

...conformed copy of the document.  When documents are filed, a photocopy is stamped with the date the original was filed.  

You can also look up the case in court to see what documents have been filed in the case.  In civil cases they have a Register of Actions.  A sample is linked here.

Typically, a record is expunged long after the lawyer has stopped representing the client, so there's not much incentive ($) to file the document.  That's why it is one of the relatively simply legal procedures, along with name changes, that is often done Pro Per.




Not_too_Good2334 reads

on-line to see that status of your case.  Some states charge a small fee for use of the service.

The problem is, with computer technology the way it is these days, even when you get a conviction set-aside or expunged, it's almost worthless because in many states, anyone that knows how to use the system can still basically see all of the information about your case.

Here is an example of what it looks like in one state that I am familiar with - I have removed all of the dates and personal identifying data:

Assault, Third Degree;  Class 1 Misdemeanor            
        Offense Date is                                            
        Plea is  Guilty/Admit                                                  
        Finding is  Guilty                                                    
            Sentence includes:                                                
                 State Fine of         $500.00                                
                 Judgment Set Aside                                            
                             Start Date                    

Judgment SET ASIDE - ATTENTION                                      
 
Order-Set Aside                                                    
   Nullify conviction

So, as you can see, even tho this conviction has been set-aside, anyone with a computer can go in and see all they need to know.

Good luck!!

Legal_Beagle2361 reads

there are a lot of search engines avail on internet that do criminal record searches for a fee, but do not ask a cop to check his computer for you, because if an erroneous warrant is still out there that lists you, he will arrest you. In California and elsewhere, there are a large number of errors made in the warrant department due to failure to remove warrants that have been acted on and when you have a common name like Jose Gonzalez or Joe Smith and the cops do not know if you are the guy they are looking for. In that case they arrest and lock you up and you will have to prove you are not the suspect. Not a very nice situation but it happens frequently, even to the same person arrest by error ten years back and then rearrested this year. Such incarcerations can last thirty days or more.




Joe Smith or Jose Gonzalez

Wheres_The_Beef2324 reads

Call the court, give the clerk your name and the case number (if you have it), and politely ask if your conviction has been expunged.  That is all there is to it.  

I once went to a court to ask how to have a family member's misdemeanor conviction expunged.  They said it is easy, just fill out this "expunge request" form, get it notarized, and bring it back.  I sent the form to my family member who was out of state, he filled it out and mailed it back to me, I personally brought the form back to the court clerk, the clerk later sent the form to the judge, the judge asked the prosecutor if he objects, the prosecutor had no objection, so the judge ordered the conviction to be expunged.  This all happened in a matter of 2 days or something.  Frankly, this was easier than getting anything done at the DMV.

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