If my husband is out of the country, can I apply for his criminal record to be expunged without him here?

UPDATED: Oct 15, 2011

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If my husband is out of the country, can I apply for his criminal record to be expunged without him here?

My husband is out of the country and I am going through the process of filing for his file to be expunged for a criminal case that got dismissed. I am having an issue on how to obtain his fingerprints on the appropriate card without him being here to physically do it at a state police station. And I was wondering if he has to be present for any court hearings? If I am unable to do it for him, will hiring an attorney be able to?

Asked on October 15, 2011 under Criminal Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. The first thing that you need to assist your husband in your endeavor is a power of attorney authorizing you to begin the expungement process for him concerning a criminal matter. I am unsure why you want to have an expungement for a case that was dismissed where there was no criminal conviction.

All expungement matters that I have been involved in pertained to a situation where there was a criminal conviction. I suggest that you consult with a criminal defense attorney about the question you are writing about.

Good luck.

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