Prison Talk

Prison Talk (http://www.prisontalk.com/forums/index.php)
-   Prison & Criminal Legal Help! (http://www.prisontalk.com/forums/forumdisplay.php?f=72)
-   -   Case file destroyed: Will that affect my ability to get an expungement? (http://www.prisontalk.com/forums/showthread.php?t=709018)

tdj 01-12-2018 05:04 PM

Case file destroyed: Will that affect my ability to get an expungement?
 
I have a felony case that got dismissed way back in '07, and so I'm looking to get an expungment on it. The court docket is still on the online court records, but it is listed as the case file having been destroyed in August of last year. Does that mean they literally destroyed the physical files, and also, how will that affect my chances or ability at getting an expungement?

xolady 01-12-2018 06:43 PM

What's to expunge? If a case is dismissed as in thrown out there is nothing to expunge.

tdj 01-12-2018 07:52 PM

Quote:

Originally Posted by xolady (Post 7692723)
What's to expunge? If a case is dismissed as in thrown out there is nothing to expunge.

Actually, there is, because if anyone wants to do a background check, it shows up. It also shows up on my states online court system. From what I understand from speaking with an attorney, an expungement would prevent it from showing up in a basic background check for a job, or housing, and it wouldn't show up on the online court dockets.

My state will often destroy physical files after they have been dormant for years, or the person involved hasn't had any run ins with the law in forever, in order to free up space. I'm just worried that with mine being destroyed, it might hinder an expungement, since the court wouldn't have a file to deal with.

sass4221 01-12-2018 08:38 PM

The online docket - does it say the case was dismissed? They would probably still have some kind of record somewhere. Maybe not an actual paper one.

tdj 01-12-2018 08:50 PM

Quote:

Originally Posted by sass4221 (Post 7692746)
The online docket - does it say the case was dismissed? They would probably still have some kind of record somewhere. Maybe not an actual paper one.

Yes, it does. There's also the OSBI record, and book in info with the local police dept. Although, I doubt anything at the local pd will have anything the courts will want to look at.

I'm having a heck of a time getting my husband on board with this. He's grudgingly agreed to it, but could change his mind on a dime. He seems to think we need to spend the money on other things, and that I don't NEED this expungment because he takes care of us and brings in all the money. But that might not always be the case. He is after all, unemployed and 20 yrs older then me. I think I need to spend the money and invest in this in case I need the extra perks an expungment could bring down the road.

Honestly, I never thought I'd see the day where I'd have the comfort and luxury to worry about such a thing.

ConCraft 01-13-2018 12:09 AM

Sealing (expungement) of a criminal case is usually fairly straightforward and relatively easy. Most states publish the eligibility requirements and process protocol on the court system databases. Where one is not able to go through the processes themselves for whatever reason, there are street lawyers (in some jurisdictions,paralegals too) who will handle or assist with the paperwork and filing processes relatively inexpensively.

prisonlady 01-13-2018 07:32 PM

Will the fact that there was an expungement be secret too? I don't know about you, but I would rather have a record that says that charges have been dismissed outright than a record that basically says "this person apparently had God knows what charges and convictions but we can't tell you what happened". Having been charged does not mean that the individual was guilty.

Some people may still wonder why an individual kept getting charged many times. However, if it just happened once, that's nothing. On the other hand, mysterious charges that cannot be revealed sound suspicious, if the simple fact that there was an expungement can be easily discovered.

tdj 01-13-2018 10:12 PM

Quote:

Originally Posted by prisonlady (Post 7692975)
Will the fact that there was an expungement be secret too? I don't know about you, but I would rather have a record that says that charges have been dismissed outright than a record that basically says "this person apparently had God knows what charges and convictions but we can't tell you what happened". Having been charged does not mean that the individual was guilty.

Some people may still wonder why an individual kept getting charged many times. However, if it just happened once, that's nothing. On the other hand, mysterious charges that cannot be revealed sound suspicious, if the simple fact that there was an expungement can be easily discovered.

From what I understand, and hopefully a lawyer here will correct me if I'm wrong, but an expungment will basically make it to where nothing will show up on a background check. In other words, it won't show up that there was an expungement or that there was a charge at all. As far as the public is concerned, it will be as though it never happened, and it would only show up if law enforcement wanted to look into my past or a D.A wanted to use it against me in some way. Though even then that would be a bit difficult considering how long ago it was, the fact it was dismissed on an appeal two years AFTER conviction, and on the court records, it has the court stating that it was a terrible miscarriage of justice.

sass4221 01-14-2018 08:14 AM

An expunged record will not show up in background checks but if there is any information about the case online, it will still show up in an internet search.

Just sayin'.

tdj 01-14-2018 09:23 AM

Quote:

Originally Posted by sass4221 (Post 7693060)
An expunged record will not show up in background checks but if there is any information about the case online, it will still show up in an internet search.

Just sayin'.

So it will show up even on online court sites? I did not know that. I thought the courts would also redo the online dockets to show nothing as far as that particular charge? I'm not all that worried about something like a google search. The last time I looked up my name, nothing came up.

sass4221 01-14-2018 09:37 AM

Quote:

Originally Posted by tdj (Post 7693071)
So it will show up even on online court sites? I did not know that. I thought the courts would also redo the online dockets to show nothing as far as that particular charge? I'm not all that worried about something like a google search. The last time I looked up my name, nothing came up.

No, not court sites. If it was in the news it'll still show, or just Google your name and see what comes up.

tdj 01-14-2018 04:26 PM

Quote:

Originally Posted by sass4221 (Post 7693072)
No, not court sites. If it was in the news it'll still show, or just Google your name and see what comes up.

Ah, well I'm fairly safe there. My new name shows nothing, and my old name is only sporadic in that regard. Sometimes it comes up and sometimes not. There is a small group of people, the main guy is located in Arizona, that runs around five or six mugshot extortion sites. Ex cons, sex offenders especially, are constantly taking him to court in an effort to get these sites shut down. Someone named Chuck Roderick is behind it all. He, another friend and his wife to be precise. Amazing to me how such a small group of people can cause so much havoc for so many.

tdj 01-27-2018 08:04 PM

My lawyer said he's going to file the petition for expungement next week. But does anyone happen to know if two criminal cases, with both charges ultimately being dismissed, if more then one petition is required to be filed? They are both in the same county. I don't want to bother my attorney about these things, since it's not really his job to hold my hand, so to speak, and everything seems to be going alright. No signs of concern, but I'm curious if it's one petition per charge, or one petition per county?

I put him on a retainer for $250.00 back before Christmas, and he said he would keep in mind my tight money situation, but it seems like he's going to need more money in order to cover the criminal charges and both appeals, in addition to serving papers to all the agencies involved. However, I've heard nothing from him in way of needing extra cash.

AR PCS 01-28-2018 01:07 AM

I wish I had seen this earlier. Legal Aid will do expungements for only the cost of filing and records fees. But in answer to your question, here is all the information you might want to know:
https://oklaw.org/issues/expungments...iminal-records

xolady 01-29-2018 03:31 PM

From what I know getting a record expunged is a on shot deal not multiple cases, so before I paid an attorney a dime find out if this is correct also expunged and sealed are actually what you have to do so it can't be seen on a criminal back ground check.


All times are GMT -6. The time now is 09:29 PM.

Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Copyright © 2001- 2017 Prison Talk Online