Expungement of Protective Orders
My son’s mother filed for a protective order against me 8 years ago and it was quickly dismissed but it still shows on my records is there anything that can be done to get that expunged? That’s the question that we received. I’m Tulsa Attorney James Wirth and we’re going to answer that for you and the answer is yes, generally there is something that can be done under those circumstances.
If a protective order is filed and it is not granted into a final protective order then all you have to do is wait 90 days after dismissal and it is eligible for expungement. But it doesn’t happen automatically. You have to file a motion for it at court, give notice to the other party and then appear for that hearing on that. But generally speaking, those are granted if it shows that you’re entitled by statute which again, if it’s not a final protective order, 90 days have passed then you are entitled to it so you should push forward with that.
Considerations for Expungement
As far as doing it on your own, that can be difficult. Obviously, as attorneys here, we would recommend that you have an attorney do that for you because we’ve done these countless number of times. We’ve got the pleadings ready to go, we’ve been through the processes, different courts handle it differently, different judge handles it differently. So it’s good to have somebody with the experience not only with the law and the filing and completing it but also with that court and that judge.
So can you do it on your own? You are allowed to do it on your own. Do you have the ability and knowledge to do it on your own? That I can’t tell you specifically, things can come up that can make it more complicated. So my recommendation is do get an attorney if you can. If you can’t then you are allowed by law to file it on your own. You just might be a little bit difficult given you don’t have the experience doing it.
Schedule a Consultation for Expert Assistance
If you’re dealing with this though, you probably want to talk to an attorney specifically to get advice for you. To get that scheduled with an attorney at my office, you can go online to MakeLawEasy.com. Don’t let a past protective order hinder your future opportunities—reach out today for expert legal guidance.
