Criminal Law Questions? Ask a Criminal Lawyer.
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What your friend needs to do is have his criminal record expunged. I am unable by rules of justanswer.com to contact you directly, but I can give you all the information you need to know right here!
How to obtain an expungement is a common question and one in which I have handled in my private practice many times over. It is always helpful to have an attorney, but an Motion for Expungement of Criminal Record can be done pro se (without an Attorney). Follow the steps below should you decide to proceed absent an attorney's guidance:
(1) First, note the expungement motion will need to be filed in the county court, at the clerk of courts office, in which your conviction resulted.
(2) Entitle the motion in bold and underline as I have done in the paragraph above.
(3) Include your name and the previous docket number (if you can remember it).
(4) In numbered paragraphs list the following information: (1) Your name and current address. (2) The crime(s) you were charged with in the previous offense. (3) The date of conviction. (4) The sentence handed down by the court; include the amount of restitution and any probationary time you served. (5) State the reason you are looking for an expungement and state the amount of years which have gone by without any contact with the criminal justice system. (6) State "Wherefore, the Defendant prays this Honorable Court grant Defendant's request for expungement of his/her criminal record."
(5) As stated above, this motion will need to be filed in the jurisdiction in which your conviction arose. The original will go to the clerk of courts. You should have a copy for yourself and the District Attorney's Office as well.
And that is it. The motion will then go in front of a judge who will determine whether or not an expungement is appropriate. The considerable amount of time that has gone by since your contact with the criminal justice system will certainly work in your favor.
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