If you’re not a lawyer, you can still file a petition for expunction. But that doesn’t mean it’s a good idea.
You can do your own divorce if you want to. You can do your own complicated taxes if you want to. You can represent yourself on a capital murder charge if you want to. I wouldn’t recommend anybody do any of those things, and the same goes for expunctions.
The reason why that is there are a lot of “petitions for expunction” circulating on the Internet that either contain incorrect legal language or don’t list all the agencies you need to serve. It’s impossible for them to do this because everybody’s case is different. If you’re arrested by the Pasadena Police Department, and you find a form online that lists the Houston Police Department, HPD is going to get that petition and ignore it. You may end up getting a judge to sign that order, but you’re going to leave a bunch of records out there that should have been destroyed.
I’ve seen forms that leave off absolutely critical agencies, like the District Clerk’s Office, the county jail, and even DPS. If you’re not naming (and serving) all of the right agencies, your expunction’s going to be worthless.
All that’s assuming that you’ve correctly identified that your case is eligible for an expunction. If you file and your case isn’t really eligible, then you’ve just wasted a filing fee of several hundred dollars.
It’s important to consult with a lawyer who knows what language needs to be in the petition, who knows when you’re eligible to file a petition, who’s going to be able to negotiate with the District Attorney’s office for a discretionary expunction if that’s what you want, and who’s going to make sure that everybody follows through like they’re supposed to. A lawyer can make sure that the records get destroyed. If you’re looking to expunge your record to get a better-paying job, it’s worth it just to spend the extra money to hire a lawyer who knows what he’s doing.
For more information on Hiring An Attorney For Expunction, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (346) 567-8671 today.