Can we expunge a criminal background without a fee?

Question

My 24 year old has a pass criminal history when she was in her teens. She cannot get a job with this on her record. Is there a way to get it quashed without a fee?

Michael Palumbo · Answer

Have you ever walked into a supermarket and asked for your groceries for free?

Eric Sterkenburg · Answer

How old was she and what were the convictions for?

Jacob P. Sartz · Answer

The first issue is whether your daughter is even eligible to potentially expunge  the case. She would need to consult with an attorney to see if she is even  eligible. Michigan has strict restrictions on what offenses may be expunged. Speaking generally, there are costs involved with getting anything expunged from  a person's record. While the application may not cost anything to file,  fingerprints, background checks, requesting certain records, and the litany of  other required steps all have some significant costs.

Jonathan Willett · Answer

If the case was a juvenile matter, you can get it expunged without paying a filing fee.  IF it was an adult case you have to file a new case, which has a filing fee.  Expungement or record sealing cases, always go better if you can hire a lawyer.

Thomas Tomko · Answer

You are mixing up your terms.  Quash is not involved.  The question is whether the conviction can be expunged.  There are fees associated with getting this done.  So, no, it cannot be done for nothing.  The best advice is to hire an attorney to accomplish this.  I know that I do not give myself a filling when I have a cavity, and I would not operate on myself if I needed an operation, and I would not try to do a mechanics work on my car when it needs repairs if I was not familiar with the problem.  In each of these cases, we hire someone who does the work because they are familiar with it, can get the job done quickly and efficiently, and in many cases, can get done something that I cannot do myself.  In the same way, when you have a legal problem, you should hire an attorney.

Andrew Subin · Answer

You can probably do it yourself.  Contact the clerk's office and see if they can point you in the right direction.

Terry Nelson · Answer

You could try to file a fee waiver application and motion with the court, along with the application and motion for expungement. No guarantees of success.

Seth Bloom · Answer

There will definitely be court fees associated with filing an expungement whether or not you decide to hire an attorney to help you with this type of case.  Expungements can be complicated procedures so it may be worthwhile to consider investing in the services of an attorney to ensure that things are filed properly.

Michael Chastaine · Answer

It is possible if you do it yourself and get the court to waive the filing fee.  Check the courts website.  Most counties have information on how to get an expungment.

Leonard Harden · Answer

There is a fee to annul a record in NH, in fact there are multiple fees, for filing, record check and computer deletion.  If your daughter was less than 17 at time of charge it should have been a juvenile record and should be confidential and she should have no obligation to disclose it.  It would be a crime for another to disclose it.  Good luck.

Jared Altman · Answer

Are you sure the old charges are actually on her record? If she got Youthful Offender Treatment, then she can say that she does not have a criminal record.  There is no such thing as "expunging" under New York law.

Michael J. Breczinski · Answer

Probably not you have to pay a fee to the State Police another to the courts and  one to get her fingerprints taken. Also there may be other fees. Many  attorneys charge $800 to $900 including the fees to do this work.

Timothy Klisz · Answer

No, that is not possible.

Cynthia Henley · Answer

When you say she was in her teens - was she under 17? If so, she was a juvenile and her record should not available for most background checks. It would only be available to law enforcement. If she was 17, 18, or 19 then she was an adult and the records are accessible to anyone who searches.   These answers apply to an adult charge / conviction / probation: She only qualifies for an expunction if the case was dismissed or she was found not guilty after a trial. To expunge the record in such an instance, she would have to file a lawsuit in civil district court. There are filing fees, services and lawyer fees involved. If she received a deferred adjudication and successfully completed it for most offenses - if they are a most misdemeanors then she would be able to petition the court in which the case was prosecuted to seal the record upon completion of the deferred. (Some charges require a 2 year waiting period.) If the case was a felony, then the wait for an eligible felony would be 5 years. There is a filing fee involved with a petition for nondisclosure. (If the record was sealed, it would not be available to the general public in a background search. However, it would be available to law enforcement and licensing agencies.)

Michael Nichols · Answer

There will be no fee to file a motion in a criminal case.

Jeff Yeh · Answer

No, a fee is mandatory, and that is on top of any fees an attorney may charge you to file the petition(s).

Christopher Jackson · Answer

Typically there is a filing fee and background check fee (not counting the attorney fee, if you hire an attorney)  Only certain offenses are eligible for expungement, so it depends on what she was charged with years ago.

Jared Austin · Answer

There are a few things to discuss. First, when she was in her teens, was she convicted as an adult or adjudicated as a juvenile? If she was adjudicated as a juvenile, that would not be part of her public record. She could apply for an expungement when she turns 24. If she was convicted as an adult, then as long as five years have passed and there is only one conviction of any kind on her record that is not a potential life offense or a CSC charge in the 1st, 2nd, or 3rd degree, then she can apply to have it expunged. I'm not sure what you mean by getting it done "without a fee." Lawyers are going to charge for their services unless they agree to do it pro bono. Even if that is the case or you decide to do it yourself (which you can), there are still some costs and fees that have to be paid even if they are nominal. You have to get a copy of your record from the State police, fingerprinted at your local sheriff's office, obtain a copy of your criminal judgment, and application fees, etc. If you do it yourself, you are looking at maybe $200-300 or so. If you hire a lawyer, expect anywhere from $1,000 to $2,000.

Eric Rothstein · Answer

NY doesn't have expungement.

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