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2017-01-20
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(1) A sealed record must not be unsealed except on order of the court. (2) A party or member of the public may move, apply, or petition, or the court on its own motion may move, to unseal a record. Notice of any motion, application, or petition to unseal must be filed and served on all parties in the case.
Sealing records You may request a court to seal your arrest and criminal records. If a judge determines that you have met the requirements, the records will be sealed and not available to the public.
Typical costs: Hiring an attorney to handle an expungement starts around $400-$1,000 for a single criminal charge but can run $1,000-$4,000 or more depending on the number and nature (misdemeanor or felony) of the charges, prevailing local legal rates and the status and experience of the attorney.
Generally, if a criminal record is expunged or sealed, it's as though the crime never occurred, and you can legally say (to a potential employer, for example) that you were never charged or convicted of a crime. State laws vary tremendously as to which conviction and arrest records can be expunged.
California law allows people who were arrested but never convicted to have their California arrest records sealed and destroyed as a matter of right (automatically). Sealing an arrest means the record will not show up on most criminal background checks in California, other than to law enforcement.
Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.
Typical costs: Hiring an attorney to handle an expungement starts around $400-$1,000 for a single criminal charge but can run $1,000-$4,000 or more depending on the number and nature (misdemeanor or felony) of the charges, prevailing local legal rates and the status and experience of the attorney.
Applying for Expungement If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free.
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