Impact of an expungement on Public Record
Interviewer: Let’s say someone is granted an expungement. How long will that affect their public record – the searchable ones that an employer willlook at? Will that be an immediate thing?
Adam Hunt: It would be pretty close.Most expungements are concluded and completely done within 30 days of the hearing and the granting of the order.
Challenges for Attorneys
Interviewer: With expungement, what’s the most difficult aspect for you as an attorney?
Adam Hunt: One of the biggest hurdles that would probably come up is the fact that sometimes there are people that are expunging things that are old and they forget that there were other things out there that they didn’t tell me about.Maybe they go over limits on the number of incidents or they forget. “Oh, yeah, by the way, I have a charge with this in another court and I don’t know what happened with it.”They just forget what other issues they may have had.
Retaining an Attorney
Interviewer: If they can go about the process on their own, why would it be more beneficial to hire an attorney to do this for them?
Adam Hunt: First of all, not everyone could probably do their own expungement. They might not understand the specifics of what needs to be done.Secondwould be because they have a conflict issue or maybe something wouldn’t qualify for an expungement but a lawyer might be able to do it, whereas a person, by law, is allowed to try but they just won’t be successful.
Interviewer: All right, before we conclude the interview, what are some expungement cases that you’ve worked on that were either typical or unique?
Adam Hunt: Something extraordinary is that people sometimes forget when they were convicted maybe back in the ‘80s and they just think that it was so long ago that nobody will ever find it. One of the biggest issues is that we didn’t have computers or the Internet.
It might not be online. It might not be available for somebody to automatically find. It might not even show up on a background check but it’s still out there and the court still may find it and when they do, they won’t be able to just expunge that one thing. Eventually the court would see the others and they’ll find them. They have to go through the paper files to see if there were issues.
Interviewer: You’ve had cases like that before?
Adam Hunt: I have had individuals that had issues way back in the ‘80s and they alleged to having not remembered those issues, but it has prohibited them from getting an expungement of a charge that they might have had a year ago or two years ago.
Interviewer: Wow, incredible. How often do you get expungement cases? Is it something you get quite frequently? Do you think it’s easier than handling a DUI case?
Adam Hunt: It depends on how complicated the individual’s background is but I would say I see at least one or maybe up to two a week.
By Adam Hunt