Waiting Period and Costs Associated with Expungement Process
Interviewer: What is the average cost of expungement, not including attorney fees?
Matthew Nebeker: Most of the expenses involved with the filing fee, the copies, the certificate of eligibility, and the serving of these documents are less than $500.You’re in anywhere from $250 to $500 in just fees for everything but the legal fees.
Interviewer: Just to recap a little bit, how long could it potentially take? Let’s say someone’s waited their 10 years. Now they’re going to begin the process of getting something expunged. How long is that going to take on average and how long could it possibly take?
Matthew Nebeker: I can get most expungements completed within 30 to 60 days. Depending on how quickly the Bureau of Criminal Identification gets back the certificate of eligibility, once I have that I can file the petition in a day or two. Then, if no hearing is requested, we’re done in about 45 days. If a hearing is requested and we have to schedule that, the court clerk will give us a date and I have no control over that. Sometimes they’re setting stuff out about 30 days, depending on which court it’s in.
Materials for Hearing
Interviewer: When a hearing occurs, would it be helpful if someone had testimonials or any sort of a track record or written documentation from individuals, witnesses, or anything like that?
Matthew Nebeker: Yeah. That’s a good question. I only request that if there is an objection from the prosecutor. Then I can reply to that objection with the testimonials and maybe a letter from the employer. Or, in the case that I mentioned earlier, I put in there a copy of my client’s diploma, showing that he just received his Bachelors of Science degree in Medical Technology and stuff like that. The judge had time to review them beforehand so he could make a more informed decision. Yes, that’s definitely something that I do.