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Celestial Traveler
Random Observer



Registered: 03/03/11
Posts: 7,639
Loc: Idaho
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Why pay a lawyer to expunge criminal record?
#23580601 - 08/26/16 03:52 PM (7 years, 5 months ago) |
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I received a pretrial diversion several years ago which I am now trying to get expunged. It costs roughly $300 to file the petition I have been told, but the cheapest price I have found so far to pay an attorney to do it for me is $1200.
All the resources I have read on the Internet strongly recommend the use of an attorney for this. My question is - what are the concrete benefits that only an attorney can provide for this endeavor?
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shadyy
aHhahhHA


Registered: 09/08/08
Posts: 21,330
Loc: winchestertonfieldville i...
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Lawyer stuff.
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Easyriding123
Extra ordinary


Registered: 02/25/16
Posts: 744
Last seen: 6 years, 10 months
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Re: Why pay a lawyer to expunge criminal record? [Re: shadyy]
#23580631 - 08/26/16 03:57 PM (7 years, 5 months ago) |
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I'm curious aswell
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Celestial Traveler
Random Observer



Registered: 03/03/11
Posts: 7,639
Loc: Idaho
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Re: Why pay a lawyer to expunge criminal record? [Re: shadyy]
#23580681 - 08/26/16 04:06 PM (7 years, 5 months ago) |
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Quote:
i hate liz said: Lawyer stuff.
Like putting the petition forms in an envelope and writing the correct mailing address on the envelope?
Totally worth an extra $900 to do that..
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ButtFace
Registered: 08/06/08
Posts: 1,548
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Re: Why pay a lawyer to expunge criminal record? *DELETED* [Re: Easyriding123]
#23580704 - 08/26/16 04:11 PM (7 years, 5 months ago) |
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Post deleted by TieACable2aTreeReason for deletion: toodles
Edited by ButtFace (08/26/16 04:25 PM)
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Celestial Traveler
Random Observer



Registered: 03/03/11
Posts: 7,639
Loc: Idaho
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Re: Why pay a lawyer to expunge criminal record? [Re: ButtFace]
#23581191 - 08/26/16 06:43 PM (7 years, 5 months ago) |
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The pretrial diversion program dropped the charges so there is no conviction, but still an arrest record.
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Patlal
You ask too many questions


Registered: 10/09/10
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Loc: Ottawa
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If 1500$ is all that it cost you to no longer be seen as a criminal by the system. You should definitely pay.
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Celestial Traveler
Random Observer



Registered: 03/03/11
Posts: 7,639
Loc: Idaho
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Re: Why pay a lawyer to expunge criminal record? [Re: Patlal]
#23581279 - 08/26/16 07:02 PM (7 years, 5 months ago) |
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What if I only had $1,500 at the moment? >_<
Not that I only have that amount (although I don't have much more than that), but you get the idea.
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Shroomslip
Architekt



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I dunno if he was full of shit, if it was even my lawyer who said it or if it still applies but I seem to remember being told you only get one chance to get that stuff wiped off your record and if the court sides against you, you're screwed. So you want someone who knows the system and knows how to work it to handle it so you don't screw yourself out of the opportunity.
It was many many years ago I heard that so take it as you will. I'm just trying to answer why one might want a lawyer to handle it.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,518
Loc: Uncanny Valley
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Quote:
Celestial Traveler said: My question is - what are the concrete benefits that only an attorney can provide for this endeavor?
None, however a deferred adjudication doesn't result in a criminal record anyway, so it might be a moot issue. As far as the arrest record, that usually can't be used against you, and most states won't allow you to expunge arrests anyway.
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ButtFace
Registered: 08/06/08
Posts: 1,548
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Re: Why pay a lawyer to expunge criminal record? *DELETED* [Re: Celestial Traveler]
#23581352 - 08/26/16 07:14 PM (7 years, 5 months ago) |
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Post deleted by TieACable2aTreeReason for deletion: toodles
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,518
Loc: Uncanny Valley
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Re: Why pay a lawyer to expunge criminal record? [Re: ButtFace]
#23581366 - 08/26/16 07:16 PM (7 years, 5 months ago) |
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That's not how it works. If he pled guilty, that plea is withdrawn after he completes his probation, and the charges are dismissed. No conviction will appear on his record.
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Celestial Traveler
Random Observer



Registered: 03/03/11
Posts: 7,639
Loc: Idaho
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Re: Why pay a lawyer to expunge criminal record? [Re: Enlil]
#23581447 - 08/26/16 07:34 PM (7 years, 5 months ago) |
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Quote:
Enlil said:
Quote:
Celestial Traveler said: My question is - what are the concrete benefits that only an attorney can provide for this endeavor?
None, however a deferred adjudication doesn't result in a criminal record anyway, so it might be a moot issue. As far as the arrest record, that usually can't be used against you, and most states won't allow you to expunge arrests anyway.
First, this was a pretrial diversion, not a deferred adjudication.
Second, when you say "that usually can't be used against you", are you referring to job applications and employment? In my current job, the arrest record came up and they asked me about it. I got the job anyways, but I had to explain what happened.
I work as a graduate student right now but corporate employers that I apply for in the future might not be so forgiving.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,518
Loc: Uncanny Valley
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A pretrial diversion and a deferred adjudication are the same thing...different names from state to state.
Some states have laws that arrests can't be used against you for employment purposes.
Have you checked to see if your state allows expungement of arrest record?
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Celestial Traveler
Random Observer



Registered: 03/03/11
Posts: 7,639
Loc: Idaho
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I was arrested in Texas, and they made it clear that pretrial and deferred are two separate things, at least in the state and/or county I was arrested in.
I was told by my lawyer at the time that I could apply for expungement 1 year after completing the pretrial requirements. I have also called other lawyers today (in TX) who say that it can be done.
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Celestial Traveler
Random Observer


Registered: 03/03/11
Posts: 7,639
Loc: Idaho
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When I google it, I find:
"The motion asks the judge to seal or expunge the records pertaining to any arrest, court proceedings or conviction...", implying it can be expunged.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,518
Loc: Uncanny Valley
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Yeah, texas allows you to expunge everything about the case including the arrest.
You don't really need a lawyer, though. It's really just some forms and maybe an appearance.
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Celestial Traveler
Random Observer


Registered: 03/03/11
Posts: 7,639
Loc: Idaho
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Re: Why pay a lawyer to expunge criminal record? [Re: Enlil]
#23581516 - 08/26/16 07:56 PM (7 years, 5 months ago) |
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Thanks for your advice. I guess I needed some reassurance because multiple Internet sources said that having a lawyer do it for you is strongly recommended. I want to make sure I do it right.
Is there anything serious that you would caution me against overlooking during the process?
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Celestial Traveler
Random Observer


Registered: 03/03/11
Posts: 7,639
Loc: Idaho
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Also what do you think of having it done online through a website like the one below? Do you think it could possibly be a scam or something? They claim to have some expedited process where they go around to private background check companies and update the records too, so that sounds nice. I'm just wondering if I should trust something like this.
http://www.recordgone.com/
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 65,518
Loc: Uncanny Valley
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I don't practice in Texas, so I can't give you specifics, but there are a ton of document prep services that can help you with the forms. They won't charge you much.
As far as the appearance, if you have to do one, just be polite. It's not likely that there will be any opposition to the petition.
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