Clearing your criminal record is a powerful step toward a fresh start. While many expungement petitions proceed without issue, some face opposition. These are known as contested expungements.
In the video below, experienced attorney Jacob S. Gunter breaks down the complexities of contested cases and what it takes to win.
https://www.youtube.com/shorts/ZbDDEq8Ee6M
What is a Contested Expungement?
A contested expungement occurs when a government agency—such as the prosecutor's office or the Department of Public Safety—files an official objection to your petition to clear your record.
According to Jacob S. Gunter, these cases are relatively rare; he notes that he has handled only four or five in his 21-year career [00:00]. However, when they do happen, they require a higher level of legal strategy and preparation.
The Legal Standard: What the Judge Looks For
To win a contested expungement, the burden of proof is on the petitioner. The judge must be convinced of two primary factors:
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Good Cause: You must demonstrate a valid, compelling reason why your record should be cleared [00:15].
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Public Interest: The judge must find that granting the expungement will not harm the interest of the public [00:15].
The court essentially balances your need for a clean slate against the public's right to know about your past.
The Process: From Filing to the Hearing
The path to a contested expungement follows a specific legal procedure [00:21]:
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The Petition: You file your initial request to have the records sealed or destroyed.
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The Objection: A relevant agency files a response opposing your request.
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The Court Hearing: Because there is a disagreement, the case goes before a judge for a formal hearing.
Why You Need an Advocate
A contested expungement is not a simple administrative task; it is a legal battle. During the court hearing, the prosecutor or state representative will argue against you. This is why having an experienced advocate is crucial [00:21].
An attorney can help you:
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Gather evidence to prove "good cause."
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Argue effectively that your expungement poses no threat to public safety.
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Navigate the specific rules of evidence and procedure in the courtroom.
Final Thoughts
While a contested expungement is a significant hurdle, it is not impossible to overcome. With the right legal representation and a clear demonstration of your rehabilitation, you can successfully clear your record and move forward with your life.