I am getting a misdemeanor expunged and I currently do not live in the state I was arrested in. In the state of Florida, can I have a lawyer represent me for an expungement case so I don't have to physically appear? Or will I have to appear regardless of an attorney?
Q: can I have a lawyer represent me for an expungement case so I don't have to physically appear?
If you are qualified for expungement then the process is administrative and can be done remotely.
I do them for folks from all over the country.
Paperwork goes out by email, originals are hard copied back and I (or any lawyer lawyer) can file and finalize the matter.
Many Judges do not even require a hearing, instead executing and having the Clerk process the Orders in everyone's absence.
You may want to have a local G-ville lawyer handle it (the paperwork and process are nitpicky ) but any FL attorney can do so.
Wishing you luck and hoping that I have been helpful in properly re-directing your question.
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If the judge is requiring a hearing (such as in the case where the State is objecting), your odds of success will increase if you are present to be questioned. Expungement is not a matter of right. You may qualify, but the decision to grant relief is within the judge's discretion. Talk to your lawyer about local practice. In Orlando, where hearings are usually required, most petitioners appear. However, your lawyer can certainly waive your appearance if that is your wish. Good luck.
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