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expungment approved, but still shows up on appeals

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kimbdawn

Junior Member
#1
I have a question: If an expungment was approved three weeks ago, and it no longer appears on the district court records, but the appeals portion still shows up online, even though that was part of the expungement, should I just wait for it to disappear also, or does it indicate that someone made a mistake? My petition includes the two criminal charges, and two appeal cases. Do all the agencies work on a different time scale? I'm thrilled that the online court dockets no longer show it, but I'm curious on why the link to the state appeals court still shows up.
 


kimbdawn

Junior Member
#3
3 weeks is an incredibly short period of time for the government to act.
This is a small town court, and my particular case was all over the news at the time and quite controversial. The judge handling the expungement was the assistant D.A at the time of my arrest, and was quite eager to have it all dismissed once certain people got involved who were enormously popular with the townsfolk, and court system. The arrest, conviction, and ultimately the appeal all happened back in 03 to 07.
I went to court on May 16, so I suppose it would be reasonable to expect the court to want to act sooner then the rest of the agencies that don't have an emotional/personal input into it. But I was just wondering what the time frame would be? About how long can I expect the appeals cases to stay up?
 

Zigner

Senior Member, Non-Attorney
#4
This is a small town court, and my particular case was all over the news at the time and quite controversial. The judge handling the expungement was the assistant D.A at the time of my arrest, and was quite eager to have it all dismissed once certain people got involved who were enormously popular with the townsfolk, and court system. The arrest, conviction, and ultimately the appeal all happened back in 03 to 07.
I went to court on May 16, so I suppose it would be reasonable to expect the court to want to act sooner then the rest of the agencies that don't have an emotional/personal input into it. But I was just wondering what the time frame would be? About how long can I expect the appeals cases to stay up?
If you truly believe that you were given some sort of expedited process by the courts, then how could any of us know the answer to either question?

I doubt that your case was so special that it received any special treatment by the judge. I suspect that the court acts more quickly because it's where the expungement originated.
 

kimbdawn

Junior Member
#9
Thank you for providing your state name.

What was the appeals court decision in your case (e.g., not guilty, charges dismissed on order of the court)?
There were two appeals initially. The first one was filed and rejected by the appeals court because it didn't follow proper procedure. That lawyer was a bit incompetent IMO. I then hired another lawyer who put forth the proper paperwork, and the result was that the appeals court granted my request for an appeal out of time, reversed the conviction, and sent it back to the lower court. The county D.A said they wanted to dismiss the charges WITH prejudice. I think the name of the filing to the appeals court was a writ of certiorari, but I'm not positive. I know they approved of it. The expungement filing also lists those two appeals as what I asked for to be expunged.

I'm just curious on whether or not the appeals court updates their records at different times then the local courts.
 

quincy

Senior Member
#11
There were two appeals initially. The first one was filed and rejected by the appeals court because it didn't follow proper procedure. That lawyer was a bit incompetent IMO. I then hired another lawyer who put forth the proper paperwork, and the result was that the appeals court granted my request for an appeal out of time, reversed the conviction, and sent it back to the lower court. The county D.A said they wanted to dismiss the charges WITH prejudice. I think the name of the filing to the appeals court was a writ of certiorari, but I'm not positive. I know they approved of it. The expungement filing also lists those two appeals as what I asked for to be expunged.

I'm just curious on whether or not the appeals court updates their records at different times then the local courts.
Your appeals court records may not be expungeable. I recommend you speak to an attorney in your area.
 

doucar

Junior Member
#12
Could you explain in what way?
Because it is always available to law enforcement. If it got to the internet, nothing is erased from the internet. If it was in the newspapers, they are not subject to the expungement order. I think you get it now.
 

quincy

Senior Member
#13
Could you explain in what way?
Because it is always available to law enforcement. If it got to the internet, nothing is erased from the internet. If it was in the newspapers, they are not subject to the expungement order. I think you get it now.
Although an expungement cannot entirely erase the fact of past arrests, charges and/or convictions, there are still good reasons for seeking expungement.

The Papillon Foundation lists benefits: http://www.papillonfoundation.org/information/expungement-benefits/

If kimbdawn still lives in the same small town, however, the expungement is not going to work to eliminate the memories of the residents who may have followed the case.
 
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