Why the State’s Attorney Might Object The State’s Attorney (the lawyer who represents the state of Illinois) may feel that you deserve to have your records expunged. However, in some cases, an extensive criminal record or certain types of crimes may lead the State’s Attorney to object to your expungement.
A person is not eligible for an expungement: If a person has not fully completed the requirements for expungement, the District Attorney may object to their request to have their record expunged. The person presents a danger to their community: The District Attorney will weigh out the circumstances of a person's crime and current standing with the law.
When a district attorney objects to a person's expungement, the matter can become much more complex. At first, the district attorney may wager a counter argument to the initial petition for expungement or may deny it. A petitioner can then respond, or they may bring the matter to a hearing. A hearing to defend the expungement motion is not particularly common, however, if …
Mar 31, 2014 · Why the State’s Attorney Might Object. The State’s Attorney (the lawyer who represents the state of Illinois) may feel that you deserve to have your records expunged. However, in some cases, an extensive criminal record or certain types of crimes may lead the State’s Attorney to object to your expungement.
May 27, 2011 · Posted on May 27, 2011. Yes, it could be because you filed too early. There could be other reasons, as well. The statute says an indictable conviction may be expunged 10 years after completion of all penalties imposed (so July 2006 for you) but a recent amendment allows for expungement after 5 years in some circumstances.
Your New Jersey expungement lawyer will review the prosecutor’s objection and decide on how to appropriately address it. This may require re-service of the amended expungement pleadings on various agencies and, accordingly, could result in delays. Moreover, a failure to timely address and correct an objection could result in the expungement petition being dismissed by the court, meaning your case would have to be filed from the beginning.
Once an expungement in New Jersey is objected to, however, it is considered a “complex expungement.”.
If the prosecutor objects on the basis that you failed to pay your fine off in a timely manner and, therefore, the applicable waiting period has not been satisfied, however, you should be sure to contact an experienced New Jersey expungement lawyer. Often times, a good expungement lawyer can convince the court to relax the waiting period for payment of fines, especially in cases where payments were being made on scheduled and/or other compelling circumstances preventing the petitioner from being able to pay off the fine in a timely manner.
If you have questions on any of the reasons expungements are objected to, call us now for your free consultation. You can reach us at 856-832-2482.
For example, if you are seeking to expunge a municipal ordinance violation, you must wait at least two years.
For example, although the standard time period to expunge a felony conviction in New Jersey is 10 years from the date the petitioner completed their sentence, the petitioner can apply for an early pathway expungement as long as it has been at least 5 years since they completed their sentence.
You failed to disclose your entire criminal record. Perhaps the most common reason why New Jersey expungement prosecutors object to expungement petitions is due to the petitioner’s failure to disclose their entire criminal record. A failure to disclose your entire criminal history ...
The District Attorney in the county where a person files their expungement can object to the petition. There can be a number of reasons why the District Attorney may do this. Some of these include:
When a district attorney objects to a person's expungement, the matter can become much more complex. At first, the district attorney may wager a counter argument to the initial petition for expungement or may deny it. A petitioner can then respond, or they may bring the matter to a hearing.
When a person decides to file for an expungement, they are capable of doing so without an attorney, however, the filing process can be lengthy, complex and frustrating. Due to high case volumes, court employees may not always be able to provide an adequate level of guidance for filing properly, and errors in filing can cost a person valuable time.
I tend to agree with the other answers. The objection is based on the fact that at this time you are not eligible.
I agree with my colleague. The adjournment could be to allow for the 5 years to pass. Also the new amendment gives of a judge discretion to reduce the 10 year wait based on factors listed in the new Statute. I assume you filed pro se or else you would be asking your own attorney.
Yes, it could be because you filed too early. There could be other reasons, as well. The statute says an indictable conviction may be expunged 10 years after completion of all penalties imposed (so July 2006 for you) but a recent amendment allows for expungement after 5 years in some circumstances.
To “expunge” is to “erase or remove completely.”. In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant’s criminal record as well ...
Maine and North Dakota, however, limit expungements to juveniles and other specific defendants. All states limit the types of offenses that may be expunged. Driving offenses, for example, may not be expunged from records in some states. Other serious offenses, including murder, kidnapping, and rape, may also be ineligible for expungement.
Court records and police blotters permanently document the expunged incident, and those officials integrally involved retain knowledge of the event. An expunged arrest and/or conviction is never truly removed from the public record and thus is not entitled to privacy protection.
If a record is sealed, it may remain available to law enforcement officers, but removed from the public. If a record is destroyed, all relevant documentation is removed from the state court system following the state’s protocols for records destruction.
It is important to clarify that expungement is not “forgive ness” for committing a crime—that is a legal pardon. Likewise, pardons are not expungements and do not require removal of a conviction from a criminal record. In the United States, pardons may be granted by public officials. The President, for example, issues pardons annually. State governors may also pardon certain defendants in their states. Expungement proceedings, however, must be ordered by a judge, or court.
Juvenile records are the most common, but many states also allow adult defendants to seek expungement of their records. In Kentucky, for example, an adult may petition the court for expungement of certain records. Maine and North Dakota, however, limit expungements to juveniles and other specific defendants.
Each state, however, has its own laws about whose records are eligible for expungement, which offenses may be expunged, procedures for application, and definitions of how records will be managed under an expungement order. Juvenile records are the most common, but many states also allow adult defendants to seek expungement of their records. In Kentucky, for example, an adult may petition the court for expungement of certain records. Maine and North Dakota, however, limit expungements to juveniles and other specific defendants. All states limit the types of offenses that may be expunged. Driving offenses, for example, may not be expunged from records in some states. Other serious offenses, including murder, kidnapping, and rape, may also be ineligible for expungement. Once a record is ordered by a court to be expunged, states then have laws about how the record is to be handled, typically sealed (Kentucky, for example) or destroyed (Washington). If a record is sealed, it may remain available to law enforcement officers, but removed from the public. If a record is destroyed, all relevant documentation is removed from the state court system following the state’s protocols for records destruction.
Glynn, 2016-Ohio-3230 – the prosecutor objected to the sealing of a violated TPO (temporary protective order) on the grounds that police wouldn’t be able to see if if it was sealed.
In 2004, Defendant kicked in his ex-wife’s front door and twisted her arm. Defendant plead no contest to the first degree misdemeanor of violating a domestic relations protective order. In 2015, Defendant moved to seal the record of his conviction. The prosecutor objected to Defendant’s motion claiming that sealing Defendant’s conviction would prevent another police department/prosecutor to view the conviction for purposes of enhancing future charges.
Under R.C. 2953.32, an eligible offender may file an application to seal records of a criminal conviction. This statute also allows the prosecutor to object to the application. In order to decide whether to grant or deny an application, a court must:
A court considers several factors in determining whether to grant an expungement application. Once the application is filed , the prosecution can file objections explaining why they believe the application should not be granted. The judge, then, has the discretion to make a decision.
The judge does not automatically deny the expungement application if the prosecutor objects. Rather, the court should consider a list of factors, including reviewing the prosecutor’s objections, and make a determination.
The court noted, then, that the prosecutor’s concern was incorrect as sealed records are still searchable to law enforcement when looking to enhance future charges.
Doug Riddell is a Columbus attorney and the founder of Riddell Law LLC. Doug graduated from the University of Notre Dame (B.A. Political Science) and from the University of Cincinnati Law School. After law school, Doug represented traffic and criminal defendants in private practice throughout Franklin, Licking, Delaware, Fairfield, Madison, Champaign, and Union counties. Doug then left private practice to serve as a Public Defender in Franklin County. During his years with the Public Defender’s office, Doug represented thousands of OVI, traffic, and criminal defendants, gaining extensive experience in the courtroom. Doug regularly practices in courthouses throughout Columbus and Central Ohio, including courts in Dublin, Grandview Heights, Grove City, Gahanna, Hilliard, Lancaster, Marble Cliff, New Albany, Newark, Plain City, Reynoldsburg, Springfield, Upper Arlington, Urbana, Westerville, and Whitehall. He has successfully represented clients facing a wide range of criminal and traffic charges, such as DUI / OVI / drunk driving, speeding tickets, traffic violations, underage drinking, domestic violence, reckless driving, theft, criminal damaging, disorderly conduct, domestic violence, drug crimes, drug paraphernalia, fraud, juvenile crimes, hit skip, probation violation, and vandalism, among other charges. Doug is a member of the Ohio Association of Criminal Defense Lawyers, the Ohio State Bar Association, the Columbus Bar Association, and the Central Ohio Association of Criminal Defense Lawyers. Additionally, he regularly speaks about OVI/DUI law at Certified Driver Intervention programs throughout Central Ohio, including Second Chance Counseling Driver Intervention Program and Crossroads Recovery Services Driver Intervention Program.
The victim is given 30 days from date of notice to respond to the court in order to register an objection with the court.
If the victim registers an objection with the court, the court shall set a date for a hearing and notify the petitioner, the prosecuting agency and the victim of the date and time of the hearing.
You must first obtain your BCI report from the Bureau of Criminal Identification, a division of the Utah Department of Public Safety. See the link listed above. Then you go to the correct court.
Our office will NOT send your finished expungement packet directly to the court. That will be your responsibility.
In March 2008 a group of community activists crafted a day in which attorneys and advocates volunteered to provide expungements for the community. They created New Orleans’s first city wide “Expungement Day.” The doors were scheduled to open at 10 a.m., but the line outside the Tremé Center started to form at 7 a.m. As quickly as they could, they opened early to start consulting with the hundreds of people who needed their records sealed. The organizers anticipated closing at 4, but were forced to close several hours earlier to stop the constant flow of participants. By the end of the day, over 400 people had filtered into and out of the Tremé Center and almost 100 volunteers were left weary. The event made a big impact, but also provided the foundation for understanding the need for expungement services for the working poor.
Expungement facilitates access to economic opportunity for thousands of Louisianans , including predominantly African Americans who face persistent unemployment and exclusion from social advancement after arrest. Here, an arrest creates a permanent criminal record even if no criminal charges are instituted. Approximately 92% of all employers rely on criminal background checks when making hiring decisions. However, when a person is simply arrested in Louisiana, there is a decreased likelihood of future employment exacerbated by the stigmatization of a being labeled as a “criminal.”
Louisiana’s recidivism rate has now reached 50% . However, an expungement for nonviolent defendants removes the stigmatization of a criminal record, enhances an individual’s legitimate hope to find meaningful employment, and effective serve in the role of “citizen” in a democratic society.
Purchase the 2019 manual. It includes changes like the "first offender pardon" expungement, our process maps, and a list of non-expungeable adult convictions.
The app can also generate pre-filled forms to file for an expungement in court. It costs $20 to download the forms. Click the button below to access the app.
If your offenses do not fit in the spaces provided in the Motion for Expungement with required additional forms, you will need to include a supplmental sheet behind page 2 of your expungement motion. . Supplemental sheet for arrests that did not result in a conviction. Supplemental sheet for misdemeanor convictions.
A new law went into effect August 1, 2019 that allows someone with a First Offender Pardon and NO convictions since the time it was awarded to be immediately eligible to expunge the felony record (state law usually requires 10 years waiting period).