Expunction & Nondisclosure
Our Personal Injury Process
1
Investigate each charge on your criminal record.
Immediately after hiring us, we will investigate to determine everything about each charge on your criminal record. We must know the county in which the charge was made, the exact charge, date of arrest, date of filing criminal complaint or indictment, when the case was finalized, how the case was resolved (i.e. plea, trial, probation, jail time, dismissal) and complete criminal history.
2
Analysis of each charge on your criminal record for determination of eligibility for Expunction or Nondisclosure.
After completing the investigation above, we will analyze each criminal charge on your record to determine whether Expunction or Nondisclosure is possible. This requires a precise understanding of when the arrest occurred and how the charge was resolved.
3
We will prepare and file the Petition and Order for Expunction/Nondisclosure.
If we determine that your criminal charge is eligible for either Expunction or Nondisclosure, we will prepare and draft the appropriate Petition and Order and file them with the District or County Clerk in the county where the arrest occurred. Listed in the Petition are all of the entities which may possess records of your arrest or charge.
4
We will contact the appellate prosecutor assigned to your case to resolve any potential problems.
After we file your Petition for Expunction or Nondisclosure, the District or County Attorney will usually assign it to an appellate prosecutor for analysis of the merits of the Petition. If the prosecutor agrees with the Petition, they will likely recommend that the Judge sign the Order. If the prosecutor has any issues with the Petition, we will attempt to get them worked out without the necessity of a hearing. If we can’t resolve the issue, a hearing will be necessary.
5
We will attend a hearing, if necessary.
Occasionally, the prosecutor assigned to your case will disagree with our position and will claim that you are not entitled to an Expunction or should not get a Nondisclosure. In those scenarios, we will schedule your case for a hearing with the court, and will attend the hearing to argue your case.
6
When the Order for Expunction or Nondisclosure is signed by the Judge.
After an Order for Expunction or Nondisclosure is signed by the Judge, it is sent to the District or County Clerk for filing. They then send copies of the signed Order to all of the entities listed in the Petition which may possess records of your arrest or criminal charge, with instructions that they either immediately destroy the records or forward them to the District or County Clerk for destruction.
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