Reapplication of Expungement
Interviewer: Let’s say someone gets denied the expungement. Can they apply again and if so, how long would they have to wait?
Adam Hunt: It’s going to depend on a couple of things.Theoretically they could reapply again, but you’re looking at a lot of factors.It depends on the nature of the crime and the feeling we get from the judge. How does he react to it?Sometimes there are indications that maybe he should wait quite a while before he applies again even though he may be qualified to fully reapply shortly thereafter.
Interviewer: Would you recommend that to a client if they say, “I was not granted an expungement. I felt like there was some sort of bias because of the circumstances. Would it be worth trying to apply for it again?”Is it something that someone should fight for?
Adam Hunt: Typically you would get some indication as to what the issue is. Maybe they didn’t do something minor so if they took care of that one minor issue. Once that’s resolved maybe they have to reapply and then it wouldn’t be an issue if they made the effort.
Interviewer: Could they still impose any more duties or public service or something like that to an individual before they’re granted an expungement?
Adam Hunt: No, but a lot of times one of the biggest things that come up are unpaid fines.That’s something that would obviously cause the expungement to be denied but it doesn’t actually impose anything additional. It’s just what has to be resolved.
By Adam Hunt