The process you can expect when you are attempting to have your conviction expunged in Kansas or Missouri is very similar. It starts with the filing of a petition for expungement. In this petition, we lay out the facts that show you meet the statutory requirements to be eligible for expungement and contend that you deserve to have your record expunged and that it is in the best interests of justice and the community that the Court grant it.
Once the petition for expungement has been filed, the State and sometimes others who were involved are given a chance to fight it. If the State objects to the expungement, they will file a motion in opposition that explains the arguments against you. At The Sokoloff Law Firm, we pride ourselves on our ability to reason with prosecutors and to get them to see that expungement is often the right thing to do, and not to object to it. If the State does not oppose expungement, then the Court will issue an Order granting the request for expungement.
If, however, the State does oppose your expungement, the Court will order a hearing to be held, where the parties will argue over whether expungement is appropriate. The Court will want to hear arguments and evidence as to why expungement is deserved or not deserved. Based upon what is presented at the hearing, the Court will issue a ruling either granting or denying the expungement. It is at such a hearing that an attorney can be of great help to a person who is just trying to move on with their life and clean up their record.