It is not necessary for an attorney to be active on behalf of the petitioner in a case where the petitioner is attempting to expunge his or her juvenile or adult criminal record, according to the Oregon State Bar. However, it can be beneficial as the attorney can help walk the petitioner through the process, ensuring that he or she follows all of the required protocols for court.
Expunging records does not mean that the juvenile record will go away completely; however, it does mean that the record will be sealed and only certain people will be able to view the record, writes the Oregon State Bar. The public will be unable to view the record and, if someone inquires about the incident, the government agencies will act as though the incident did not happen and the record truly does not exist.
Despite expunging the record, the news details of the incident will remain present so the petitioner will not be able to completely eradicate all knowledge of his or her crime, according to the Utah Courts. The court does not need to grant the expungement request and may choose not to do so. If the request is not granted, then the records will not be sealed. There are incidents and crimes that cannot be expunged, including murder, aggravated murder, adult crimes that dealt with moral turpitude, adult crimes where the case is pending or where the restitution has not yet been received, reports the Utah Courts.