EXPUNGEMENT LAWYER

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An expungement, or sealing, of a criminal record is a short legal process that can clear criminal convictions from a person's record.
Clear Your Criminal Record, Expungements. Barry Gerald Sands, Expungement Lawyer
An expungement takes place when a legal action filed with the court in which the conviction occurred and a request is made to have the criminal conviction reversed, set aside or dismissed.
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Clear your criminal record with an expungement. Barry Sands can help clear your records of felonies, misdemeanors, so you can live life again. Expunge your passed criminal records today.

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Available at Cleveland Public Library - Social Sciences Department Ohio Legal Services Brochure on Expungement Instructions for Expungement/Sealing a Record : by Ohio Legal Services See Allen County Juvenile Court FAQs Form: Expungement of records: Ohio Forms of Pleading and Practice/Juvenile Courts, Vol.
JUVENILES: SEALING OF RECORD AFTER NOT GUILTY FINDING OR DISMISSAL New Procedure for Expungment and Sealing of Records, Effective 10-9-06 HB 137 , effective October 9, 2006, revises the procedure in Ohio for expungement and sealing of juvenile records.
FREQUENTLY ASKED QUESTIONS - EXPUNGEMENT
Available at Cleveland Public Library - Social Sciences Department Ohio Legal Services Brochure on Expungement Instructions for Expungement/Sealing a Record : by Ohio Legal Services See Allen County Juvenile Court FAQs Form: Motion for sealing of records: Ohio Forms of Pleading and Practice/Juvenile Courts, Vol.
FEDERAL EXPUNGEMENT Northern District of Ohio Federal Public Defenders : Usually, there is no mechanism for federal expungement, unless the conviction was illegal, the statute is later deemed unconstitutional or the conviction was obtained by government misconduct.
Ohio Legal Services Brochure on Expungement Instructions for Expungement/Sealing a Record : by Ohio Legal Services See Legal Aid Society of Cleveland: Brochure on Expungment Ohio State Legal Services Association - Criminal Records For a brief discussion about expungement see Center for Student Advocacy at Ohio University See Hamilton County Municipal Court Expungement FAQ Form: Motion for sealing of records: Ohio Forms of Pleading and Practice/Criminal Procedure, Vol.
HR 662 currently pending in the 109th Congress proposes expungement for nonviolent federal offenders.
EXPUNGEMENT The Law Library Staff prepares "Frequently Asked Questions" for the convenience of our users to provide access to a variety of sources addressing particular points of law.
EXPUNGING A JUVENILE RECORD New Procedure for Expungment and Sealing of Records, Effective 10-9-06 HB 137 , effective October 9, 2006, revises the procedure in Ohio for expungement and sealing of juvenile records.
Ohio Legal Services Brochure on Expungement Instructions for Expungement/Sealing a Record : by Ohio Legal Services.
18 USC 3607 provides for expungement of a drug possession offense for persons under 21, who are found guilty and sentenced to probation but not convicted.

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California Expungement Attorneys - Los Angeles Criminal Defense Lawyers - Expunge Criminal Record - California Criminal Record - The Law Offices of Lawrence Wolf
Expungement Home What is an Expungement? Misdemeanor Expungement Felony Expungement Juvenile Expungement Governor's Pardon Expungement Links Free Case Evaluation Contact Our Lawyers I would not hesitate to call you if I ever run into trouble again.
Please contact a California Expungement Attorney or Criminal Defense Lawyer for a consultation on your particular expungement matter.
California Expungement Attorneys and Misdemeanor Expungement Attorneys serving the counties of Los Angeles , Orange , Riverside , San Bernardino , Imperial and Ventura.
Not all convictions can be cleared from your record, so please call today to discuss your expungement with one of our skilled lawyers.
If you have been convicted of a felony or misdemeanor in California, you may be able to have it cleared from your record, which is called an expungement.
CALL TOLL FREE TODAY FOR YOUR FREE EXPUNGEMENT CONSULTATION! 1-866-YOU ARE INNOCENT (1-866-968-2734).
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California Expungement Attorney Disclaimer: The expungement, criminal defense, criminal record, clear criminal record, expunge criminal record, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship.
The criminal expungement lawyers at the Law Offices of Lawrence Wolf have the experience and knowledge to have various crimes cleared off of our clients criminal records.
The Law Offices of Lawrence Wolf - California Expungement Lawyers and Criminal Defense Attorneys - over 30 years experience. The attorneys the DA DOESN'T want you to hire. Free consultations.
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California Expungement Attorneys At the Law Offices of Lawrence Wolf, our skilled California expungement lawyers have the knowledge and capability to have most offenses cleared from our clients' criminal records.
An expungement is a legal process where a conviction is taken off of your criminal record and dismissed.
After successful completion of an expungement, when you are asked if you have been arrested or convicted for that particular crime, you may legally say "no.
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(5) Notwithstanding the sealing of records related to the offense in question or the expungement of any conviction, law enforcement agencies shall keep records of offenders' arrests, convictions and referrals to treatment for illegal possession or use of a controlled substance.
An offender declared eligible for treatment but who thus withdraws a request for treatment shall be sentenced, upon conviction, to up to ninety days of incarceration, or up to ninety days of confinement in a community-based corrections facility, for the illegal possession or use offense.
In order to provide for persons charged with or convicted of illegal possession or use of a drug, in certain circumstances, to choose treatment instead of incarceration, to require the state to spend two hundred forty-seven million dollars ($247,000,000) over seven (7) fiscal years to pay for the drug treatment programs, to allow the applicable records of offenders who complete treatment instead of incarceration for illegal drug use and possession to be sealed and kept confidential for most purposes, and to limit the maximum sentence to ninety (90) days incarceration that eligible first-time, second-time, and certain repeat illegal drug possession or use offenders could serve, this amendment would: 1.
Require a court to order treatment instead of incarceration for first-time or second-time offenders charged with or convicted of illegal possession or use of a drug who request treatment, have not been convicted of or imprisoned for a violent felony within five years of committing the current offense, have not been sentenced to a term of incarceration that would interfere with participation in treatment, and in the same proceeding have not been convicted of or charged with other drug-related offenses or misdemeanors involving theft, violence or the threat of violence.
(b) If an offender who has been convicted of the illegal possession or use of a controlled substance charge that gave rise to the request for treatment is removed from a treatment plan pursuant to the provisions of this subdivision, the offender may be sentenced to up to ninety days of incarceration, or up to ninety days of confinement in a community-based corrections facility or halfway house, for the illegal possession or use offense.
(5) "Request for treatment" or "request" means a motion filed by an individual facing charges of illegal possession or use of a controlled substance or who has been convicted of such an offense.
The study shall include, but not be limited to, a review of the implementation process; case dispositions for offenders found eligible for treatment under this section; any changes in overall drug-related costs of probation, incarceration, and supervised release; changes in recidivism rates for non-violent drug offenders; reductions in crime; reductions in prison and jail construction; changes in health outcomes for drug users; reduced welfare costs; employment levels for persons completing treatment elected under this section; comparisons of treatment modalities; adequacy of funds appropriated; and other impacts or issues identified by the department.
If the court denies the request for treatment of a repeat offender who satisfies all of the eligibility requirements of division (C)(1)(a)-(d) of this section, the offender may be sentenced to up to ninety days of incarceration, or up to ninety days of confinement in a community-based corrections facility or halfway house, for the illegal possession or use offense.
(9) "First- or second-time offender" means a person who is charged with or convicted of an offense of illegal possession or use and is not a repeat offender; or a person who, at the effective date of this section, is out of custody and on probation or under community control for an illegal possession or use offense, and commits a drug-related violation of the terms of probation or community control.
Where an offender participates in a treatment plan and violates the terms of that treatment plan either by committing an offense that is not an illegal possession or use of a controlled substance offense, or by violating a non-drug-related condition set by the court, the court shall conduct a hearing to consider evidence of the offense or violation, and to determine whether the offender shall be removed from treatment, shall have the level of care increased or shall be otherwise sanctioned.
If the court so finds by a preponderance of the evidence, the court shall, as applicable to the case, order the sealing of records related to the offender's charge or conviction for illegal possession or use of a controlled substance, and expunge any conviction.
(1) If the court grants an offender's request for treatment prior to a conviction for an illegal possession or use offense, and the treatment provider notifies the court that the offender has completed the treatment plan, or the treatment plan as modified, the court shall dismiss the stayed proceedings against the offender without an adjudication of guilt and there shall not be a criminal conviction for purposes of any disqualification or disability imposed by law and upon conviction of a crime.
(2) Upon receipt of a request for treatment, the court shall stay all criminal proceedings related to the illegal possession or use of a controlled substance charge pending its final determination as to whether the offender is eligible under this section for treatment.
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(1) If an offender is charged with or convicted of illegal possession or use of a controlled substance, the offender may file a request for treatment.
Require a court to dismiss legal proceedings against an offender without a finding of guilt if the offender completes the treatment.
(a) If the offender provides the documents demanded by the court, the court shall stay all criminal proceedings, including sentencing, related to the charge of illegal possession or use of a controlled substance.
(8) "Repeat offender" means a person who is charged with or convicted of an offense of illegal possession or use of a controlled substance and, within the previous five years: (a) Has had two or more prior convictions for illegal possession or use of a controlled substance after the enactment of this section; or, (b) Has participated in two or more prior courses of treatment under this section.
Issue 1: To adopt Section 24 of Article IV of the Constitution of the State of Ohio - Ohio State Government
(4) Any time after ninety days subsequent to an offender's completion of a treatment plan, or a treatment plan as modified, the offender may file a motion for the sealing of records and, if applicable, the expungement of the conviction that gave rise to the request for treatment.
With these exceptions, all law enforcement records of sealed or expunged records of illegal possession or use offenses shall be confidential and not subject to any disclosure.
Limit the sentencing of first-time, second-time, and certain repeat offenders who are eligible for treatment but who either do not request treatment or do not meet the terms of the treatment to a maximum of ninety (90) days incarceration for illegal possession or use of a drug.
ISSUE 1 FULL TEXT OF AMENDMENT Be it resolved by the people of the State of Ohio that Article IV of the Ohio Constitution is amended to add the following section: Section 24 (A) Intents and purposes.
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(6) Neither the successful completion of the treatment plan, nor the sealing of records, nor the expungement of a conviction under this section relieve an offender of the obligation to disclose the arrest and any expunged conviction in response to any direct question contained in any questionnaire or application for a position as a law enforcement officer.

As used in this section, (1) "Illegal possession or use of a controlled substance" means a violation of Ohio civil or criminal statutes involving having, holding, controlling, obtaining or storing a quantity of a controlled substance determined by the court to be consistent with personal consumption; or consuming, using or being under the influence of a controlled substance; and including other non-violent illegal acts incidental to drug possession or use, such as possession of drug paraphernalia, purchase of a controlled substance and transportation of a controlled substance merely as an extension of possession for personal use.
(7) The director of the lead agency shall determine the allocation of the monies from the Substance Abuse Treatment Fund to each county or multi-county regions through a fair and equitable distribution formula for estimating the need for funds that includes factors such as population, the number of arrests for illegal possession or use of a controlled substance, substance abuse treatment and rehabilitation services caseload, the need for infrastructure and professional development to provide treatment and rehabilitative services, and such other factors as the director of the lead agency may deem appropriate.
Such records shall be maintained for the exclusive law enforcement purposes of enabling prosecutors and the courts to have information about the number of prior illegal possession or use offenses on record for a person later charged with or convicted of illegal possession or use, and to conduct criminal record checks for persons applying for a position as a law enforcement officer.
(2) If the court grants an offender's request for treatment after a conviction for an illegal possession or use offense, and the treatment provider notifies the court that the offender has completed the treatment plan, or the treatment plan as modified, the court shall dismiss the stayed proceedings against the offender.
(a) If the offender has been convicted of a new offense that is not illegal possession or use of a controlled substance, the court may remove the offender from the treatment plan provided that the court also finds by a preponderance of the evidence at least one of the following: (i) the severity of the offense justifies removal, or (ii) the offense indicates that the individual poses a danger to the safety of other persons.
Allow a court to order treatment instead of incarceration for eligible repeat offenders charged with or convicted of illegal possession or use of a drug who request treatment, and for offenders charged with or convicted of illegal possession or use of a drug who are also charged with or convicted of other nonviolent offenses resulting from drug abuse or addiction and who request treatment.
(a) If an offender who has not been convicted of the illegal possession or use of a controlled substance charge that gave rise to the request for treatment is removed from a treatment plan pursuant to the provisions of this subdivision, the offender may be tried, and if convicted may be sentenced to up to ninety days of incarceration, or up to ninety days of confinement in a community-based corrections facility or halfway house, for the illegal possession or use offense.
(1) A first- or second-time offender shall be eligible for treatment if the court finds all of the following: (a) The offender is charged with illegal possession or use of a controlled substance; (b) The offender has not been convicted of or imprisoned for a violent felony within five years of committing the current offense; (c) The offender has not been sentenced to a term of incarceration that would interfere with the offender's participation in the treatment plan; and, (d) In the same proceeding, the offender has not been convicted of and does not have pending charges for: (i) any felony other than an illegal possession or use offense, or any misdemeanor involving theft, violence or the threat of violence; (ii) an offense of trafficking, sale or manufacture of controlled substances; (iii) an offense of possession of controlled substances with the intent or for the purpose of trafficking, sale or manufacture of controlled substances; or, (iv) an offense of illegally operating a motor vehicle under the influence of alcohol or a controlled substance.

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In those instances where the petitioner is seeking the expungement of a criminal conviction, a statement with affidavit or verification that he has never been granted expungement, sealing or similar relief regarding a criminal conviction by any court in this State or other state or by any Federal court.
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Effect of expungement Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows: a.
Court's Disposition of the Matter and Punishment Adopted, if Any In addition, the Expungement Petition must have an affidavit that states that there are no charges pending and that the petitioner never previously received a prior expungement.
A statement with the affidavit or verification that there are no disorderly persons, petty disorderly persons or criminal charges pending against the petitioner at the time of filing of the petition for expungement.
County prosecutor's obligation to ascertain propriety of petition Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wherein any petition for expungement is filed to verify the accuracy of the allegations contained in the petition for expungement and to bring to the court's attention any facts which may be a bar to, or which may make inappropriate the granting of, such relief.
In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes relate to: (1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less, or (2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less.
Grounds for denial of relief A petition for expungement filed pursuant to this chapter shall be denied when: a.
If an order of expungement of records of conviction under the provisions of chapter 52 of Title 2C of the New Jersey Statutes is granted by the court to a person convicted of health care claims fraud in which the court had ordered the offender's professional license be forfeited and the person be forever barred from the practice of the profession pursuant to paragraph (1) of subsection a.
Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: Section 2C:11-1 et seq.
The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b.
Your attorney will prepare an expungement petition which under state law must contain substantial background information, including: a.
Petition for expungement Every petition for expungement filed pursuant to this chapter shall be verified and include: a.
Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.
The person seeking the relief of expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense has prior to or subsequent to said conviction been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversion program.
Disclosure of expungement order Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person.
For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.
8), and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person's conviction and all records pertaining thereto.
Expungement Thousands of citizens in New Jersey over the past 20 years have been arrested for criminal, disorderly, and municipal ordinance offenses.
When hearing on petition for expungement shall not be held No petition for relief made pursuant to this section shall be heard by any court if the petitioner, at the time of filing or date of hearing, has a charge or charges pending against him which allege the commission of a crime, disorderly persons offense or petty disorderly persons offense.
Order of superior court permitting inspection of records or release of information; limitations Inspection of the files and records, or release of the information contained therein, which are the subject of an order of expungement, or sealing under prior law, may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts.
For example, if you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record.
This provision shall not apply: (1) When the person is seeking the expungement of a municipal ordinance violation or, (2) When the person is seeking the expungement of records pursuant to section 2C:52-6.
THE EXPUNGEMENT PETITION You should contact an attorney experienced with handling expungements in the Superior Court.
Limitation Nothing provided in this chapter shall be interpreted to permit the expungement of records contained in the Controlled Dangerous Substances Registry created pursuant to P.
The fact of an expungement of prior charges which were dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any judge who is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges; and c.
Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.
The Expungement Petition is filed in the county where the offense took place, not where the defendant lives.
Records to be removed; control If an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the agencies which have been noticed of the pendency of petitioner's motion and which are, by the provisions of this chapter, entitled to notice, and shall be placed in the control of a person who has been designated by the head of each such agency which, at the time of the hearing, possesses said records.
Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if: (1) Five years have elapsed since the final discharge of the person from legal custody or supervision or 5 years have elapsed after the entry of any other court order not involving custody or supervision; (2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the 5 years prior to the filing the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication; (3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.
The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of chapters 35 or 36 of this title or of P.
Order expungement where no objection prior to hearing If, prior to the hearing, there is no objection from those law enforcement agencies notified or from those offices or agencies which are required to be served under 2C:52-10, and no reason, as provided in section 2C:52-14, appears to the contrary, the court may, without a hearing, grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge records of said disposition including evidence of arrest, detention, conviction and proceedings related thereto.
Vacating of orders of sealing; time; basis If, within 5 years of the entry of an expungement order, any party to whom notice is required to be given pursuant to section 2C:52-10 notifies the court which issued the order that at the time of the petition or hearing there were criminal, disorderly persons or petty disorderly persons charges pending against the person to whom the court granted such order, which charges were not revealed to the court at the time of hearing of the original motion or that there was some other statutory disqualification, said court shall vacate the expungement order in question and reconsider the original motion in conjunction with the previously undisclosed information.
A person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition.
Expungement
Statements to accompany petition There shall be attached to a petition for expungement: a.
Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date).

- Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years.
1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.
Expunged record including names of persons other than petitioner Any record or file which is maintained by a judicial or law enforcement agency, or agency in the criminal justice system, which is the subject of an order of expungement which includes the name or names of persons other than that of the petitioner need not be isolated from the general files of the agency retaining same if the other persons named in said record or file have not been granted an order of expungement of said record, provided that a copy of the record shall be given to the person designated in 2C:52-15 and the original shall remain in the agency's general files with the petitioner's name and other personal identifiers obliterated and deleted.
Except as otherwise provided in this chapter, expungement shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.
Use of expunged records by agencies on pending petition for expungement Expunged records may be used by the agencies that possess same to ascertain whether a person has had prior conviction expunged, or sealed under prior law, when the agency possessing the record is noticed of a pending petition for the expungement of a conviction.

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The Law Office of Diane Leigh Davison. ABaltimore-based general law practice with local, national andinternational representation featuring concentrations in entertainment law,intellectual property (copyright and trademark), contract negotiations,corporate, business, personal injury, contracts, negotiations, collections,bankruptcy, and the class action suit against Swiss banks on behalf ofHolocaust victims and heirs.