4 Crucial Ways That an Attorney Can Help You Obtain an Expungement

You may have experienced firsthand how much harder it is to get a job with a criminal conviction on your record. Many employers screen out applicants who have suffered a criminal conviction, regardless of the circumstances surrounding the conviction or how an applicant has moved forward in life.

What can you do? Expunge your conviction. To expunge means to erase. And if you can obtain an expungement, then you will no longer be required, in most instances, to disclose your past criminal conviction.[i] An expungement can, effectively, clear away a huge barrier to employment.

The process to obtain an expungement is straightforward: complete the required paperwork, serve a copy on the District Attorney’s Office, pay the filing fee, and file your documents with the Court. But is it worth retaining an attorney to help you do so?

Here are four ways that an attorney can help you obtain an expungement. You may wish to consider them when making the decision that’s right for you.

1. An Attorney Can Help You Tell Your Story to the Judge

Unless the District Attorney’s Office objects to the expungement, a Judge will make his or her decision based solely on the papers that you submit. This may not seem like a big deal if you’re seeking to expunge a single conviction after having completed your probation. But what if you’ve suffered multiple convictions? Or if you’ve received a subsequent conviction while still on probation? What if you were unable to successfully complete your probation?

In those situations, the thing that’s missing is context. Without context — meaning the circumstances surrounding your conviction(s) and the steps you’ve taken to avoid making the same mistakes — the decision of whether to grant an expungement becomes black and white.

This is especially true if those convictions are for behavior that, without context, seems willfully reckless, immature, or irresponsible. Think about it: what assumptions would you make about someone who was convicted of domestic violence and then, one year later, suffered a conviction for DUI?

Criminal charges alone rarely tell the full story, and an attorney can help you communicate that to a Judge. For instance, what if a person pled guilty to a charge only because he or she didn’t know there was an option to fight? What if the crime that was charged was more egregious than the conduct that actually occurred? And what if a person, after suffering a conviction, learned from his or her mistakes, and made positive strides in terms of academics, professional development, and personal accountability?

You, yourself, can compile recommendation letters and documentation of your various achievements. You can provide explanations for your missteps and context for your conviction(s). But can you can you organize the information in a manner that persuades a Judge to rule in your favor? Remember: Judges already have heavy caseloads and they do not have the time to sift through the ups and downs of your life to find your story of redemption — even if they are inclined to do so.

An attorney can help you tell your story — the whole story — to the Judge in an easy-to-read format that the Judge prefers. Telling your story in a style that the Judge is accustomed to maximizes your chances of expunging your conviction(s). This is especially true if your petition for expungement is reviewed without opposition from the prosecutor.

2. If the D.A. Objects, An Attorney Can Professionally Represent You 

The District Attorney’s Office is more likely to oppose your expungement if you suffered a conviction for a felony or if you received multiple convictions. If the prosecutor objects, a hearing will be held and the prosecutor will be allowed to explain to the Judge why your expungement should be denied.[ii]

The prosecutor may emphasize the seriousness of your offense(s) or cherry pick indiscretions from your past to highlight. He or she may review the facts of your case and underscore the actions you took, actions that reveal a tendency toward impulsiveness or violence.

You, of course, will have an opportunity to respond.

But can you do so effectively after the prosecutor has painted you in such an unflattering light? It may feel natural to become defensive or indignant. If you were caught off guard by the prosecutor’s statement, you may even find yourself lashing out. And although any of these responses may make you feel better, they won’t help you advance your cause.

Even for Judges, it’s not just what you say that matters, but how you say it. An outburst betrays a lack of control and, when made in court, effectively, makes the prosecutor’s point for her.

“See, Your Honor? I told you he was a malingering sociopath.”

A skilled criminal defense attorney can respond to the prosecutor’s statement — dispassionately and effectively. He can articulate the remorse you feel, provide the context that informed your decision to engage in criminal behavior, and respond to the prosecutor’s characterization of you.

Having an attorney advocate on your behalf will help maintain the decorum of the courtroom, something that many Judges appreciate. When asking a Judge to grant an expungement, fostering a sense of goodwill can only help.

3. An Attorney Provides You Convenience

An expungement may require a single or several trips to the courthouse. For some, returning to the courthouse where they suffered a conviction can stir up feelings of anxiety. For others, returning to the courthouse may simply be impractical because they have since moved out of the county or even out of the state.

With an attorney, you can avoid unnecessary trips to court. Such convenience is even more valuable if you have other responsibilities — such as family, work, or school — competing for your time.

Another way an attorney can save you time is by helping you complete the paperwork correctly the first time. Petitions for expungement take several weeks to process. If there is an error in the paperwork, your petition will be returned to you and, upon refiling, you’ll have to start the waiting period all over again. Avoiding unnecessary delays can be critical, especially when a person is seeking new employment opportunities.

4. An Attorney Can Answer Your Questions

Sometimes, especially in moments of uncertainty, it helps to have someone to talk to. Someone who can listen without judgment and who can answer the questions you may have.

An attorney familiar with how to obtain an expungement can guide you through the process. What’s more, he can alert you to other options that you may not have been aware of: for instance, the benefit of reducing your charge before expunging it, or how to terminate your probation early so that you can receive the benefits of an expungement sooner.

Conclusion

So, should you retain an attorney to help you with your expungement? Ultimately, that is a decision that only you can make. But if, after the considering the matter, you find yourself in need of a guide, a sounding board, or a legal professional to advocate on your behalf, then perhaps retaining an attorney is the right choice for you.