One of the most common questions about expungement is: "How long will it take?" The answer depends on several factors, including the jurisdiction, the offense, and the completeness of the application.
1. The Expungement Process
Filing the Petition: Begin by submitting a petition to the court where the offense occurred. This includes completing forms, paying fees, and submitting any required documents.
Prosecutor’s Review: In many cases, the prosecutor will have an opportunity to object, which can add time.
Court Decision: If there are no objections, the court will review the petition and issue a ruling.
2. Typical Timelines
Initial Filing to Court Decision: This can range from a few months to over a year, depending on the complexity of the case and the court’s schedule.
Post-Approval Steps: Once approved, it can take additional weeks or months for the record to be officially sealed or removed from databases.
3. Factors That Affect Timelines
Jurisdictional Differences: Each state and county has its own expungement procedures and timelines.
Errors in Paperwork: Incomplete or incorrect filings can cause delays.
Objections from Prosecutors: If the prosecution objects, it can add months to the process.
Expungement is a process worth pursuing, but patience is key. With an experienced attorney, you can streamline the process and avoid unnecessary delays.
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