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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27190
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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In 2007 Legal Resident was charged with domestic assault. His

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In 2007 Legal Resident was charged with domestic assault. His case was dismissed and would like to go forward with an expunction of his criminal record.
Q: Must he include the homeland security agency and alike along with the usual law enforcement agencies i.e., Police, FBI,Sheriff,etc.
Q: In an expunction hearing if Legal Resident hires an Attorney can the Attorney present the case without Legal Resident's presence?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

1. If he eventually applies for citizenship, he will need evidence that the charges were expunged. That means getting copies of all records before its expunged, getting the attorney to give all copies of documents filed, and records showing the expungement. But Homeland Security does not need to be notified of the request in advance. The Department of Public Safety is responsible for notifying all federal agencies after the record is expunged.

2. If there is a reason that the person cannot attend the hearing, the judge will likely allow the attorney to argue on his behalf without making him appear. This is fairly common, although a judge can order a person's presence.

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