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Do I have to wait before filng my petition for expungement?

April 26, 2017expungement filng petition wait

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Do I have to wait before filng my petition for expungement?

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Depending on the criminal offense and your case’s outcome, you may have to wait to file your petition for expungment. Case outcomes with no waiting period include: • Aquittals (being found not-guilty); • Dismissals (i.e., Nolle Prosequi, FNPC, Dismissed) • Released without being charged (RWOC); • Pardons from the Governor specifically saying your record should be expunged.Case outcomes with a 120 to 160 day waiting period include: • Stricken with Leave to Reinstate (“SOL”) • Non-Suit (“N/S”)If a case is “Stricken with Leave to Reinstate” it means the judge dismissed the charges against you. Often this occurs if the State’s Attorney is unable to prove their case because a key witness did not appear in court on the trial date. When a case is “Stricken with Leave to Reinstate,” the State’s Attorney has a limited period of time to reopen the case against you and proceed to trial.