When will my expungement go through? - Q&A - Avvo
When will my expungement go through? My case keeps saying "Future expungement" but its been 2-3 years since I've payed my dues. They said after i payed them my case would be expunged.
Jay K. Nixon, Avvo Rating: 10, Criminal Defense Attorney in Kenosha, WI,
It is rare for expungement to occur all by itself. I usually need to prepare, serve and file a formal motion and notice of motion, comply
with victim notification laws, and only then present the entire case for
expungement to the judge during a scheduled court hearing. Having expungement
mentioned in your sentencing notes only gives your lawyer the right to set all
this up via a formal request; after first jumping through all the other necessary
hoops. An expungement hearing is often like a sentencing hearing, in that every
aspect of your recent life, character, history, occupation, public service
work, and police record, all come into play. The judge only grants the
expungement, if, in his discretion, expungement still seems to be in the best
interest of society after each of these factors is reviewed and considered. Keeping track of a person's criminal history, rather than
erasing it, is in the presumed in the best interests of society and law
enforcement; so you need to rebut that presumption. Sometimes it can also be much easier
and quicker if the DA agrees to the request, however. Either way, we wish you the best
of luck with your request.
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