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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23175
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi! My son is trying to get his criminal record expunged. He

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Hi! My son is trying to get his criminal record expunged. He has already received a certificate of eligibility to petition for a seal or expunge order. His next step is to file a petition along with the certificate of eligibility in the court of proper jurisdiction. Since he's filing the petition on his own, without representation of an attorney, what would be the proper way to write the petition? Are there any other documents, besides the certificate of eligibility, that need to be attached to his petition? Thank you.

You don't need a lawyer to get an expungement. It's one of the few things a defendant can do for himself where he can't hurt himself. Here's a sample petition for Orange county, FL that your son can use to model his petition on. The instructtions will tell you what other documents he will have to have in order to get the expungement.

The law as to the expungement is going to be the same even if you don't live in Orange County, though tthe particular filing procedure may vary administratively from court to court. The clerk of the court should be able to help your son file his petition with the court and would probably have a form for you for his own jurisdiction if he bogs down trying to adapt the model to meet his needs. So for that matter, would the public defender's office in his county.

Good luck to him!
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