My son and his friends climbed on top of a church last year. Someone called the police and they were all taken to juvinal justice center. I hired a lawyer to get his record cleaned up. This was over a yr ago and I just called to check on his record, and the lawyer never cleared it. I am so mad. I called the lawyers office and so far have left 2 messages. It cost $750 for the lawyer and he did NOTHING. I will go down to his office personally to talk to him if he doesnt return my calls by Thurs (my day off). How can I get his record exponged? (wiped out) myself. I want a refund from the lawyer too. Hmmm, whats the chance of that?

__________________
A mother holds her children's hand for awhile; their hearts forever.

Well, if your DS was a juvenile he shouldn't need his record "expunged". Generally speaking juvenile records are cleared when they hit 18. So, I think the attorney screwed you, whether he did anything or not.

Couple of things to consider--was he charged with a felony or misdeamenor? Was he found guilty? Was he given probation or what was his sentence? What were they conditions of the his probation?

You say you called to check his record: I have to assume you either called the local court that he was seen in. If that's the case, it's going to show up there. You need to be more concerned with whether it shows up in an NCIC criminal history. And even then that shows the disposition of the charge (adjudicated-guilty, not guilty, nolo contendre) and the sentence, whether on probation and when probation ends. You should be able to request that your state Dept. of Justice run a criminal history query through NCIC. It will probably cost $25-$50. But, you would have peace of mind of knowing it's not on there. (and the only way it would get on NCIC is if the court your DS went through reported it.)

__________________
Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

I called the court that he was seen in. This happened over a year ago, and he will be 18 in a couple weeks. He served probation and went to court. After he is 18, I will have the dept of justice run this record, so I will know for sure. I didnt know about that, thanks. I am concerned that the lawyer wont return my calls or my sons, and we paid him so much money to do this for us. I dont want my son to have this record follow him all his life, when he applies for jobs. He has had the same job now for almost 2 years. Thanks for your help. So, the lawyer we hired cant get this record expunged?

__________________
A mother holds her children's hand for awhile; their hearts forever.

This lawyer took you for a ride. When your son turns 18, his record should be clean.

__________________
·´`·.(*·.¸(`·.¸ ¸.·´)¸.·*).·´`·
«·´¨*·.¸¸. Jo ¸¸.·*¨`·»
«·´`·.(¸.·´(¸.·* *·.¸)`·.¸).·´`·»


Please leave feedback for me here.
http://www.mycoupons.com/boards/g-l/...-littlejo.html



gretchengirl@gmail.com

http://lifewithlittlejo.blogspot.com/

I think the lawyer scammed you.

Generally speaking, a juvenile's record is expunged upon turning 18. So the court that adjudicated his file will either seal or destroy those records after he's 18 (now granted Collin Co. is a big, busy Co. --McKinney is in Collin Co., correct??? We use to live in Princeton a LOOOOONG time ago).
But if the NCIC query is clean, then most places will not look any further. If the NCIC query shows the charge it will be indicated as a misdeamenor, probation served and I think will indicate that it was adjudicated in Juv. Court. I honestly don't remember any of the criminal histories I ever ran showing juvie records. Those didn't usually come out until the person was deemed an habitual offender.

__________________
Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

I think the lawyer took you for a ride. He surely knew that if it was on his juvenial record that it wouldn't follow him into adulthood once he turned 18 and that the lawyer wouldn't have to do anything.

Did he tell you that he could get it expunged if you paid him the $750? Because any lawyer that knows whats he's doing won't make that promise. It is solely up to the discretion of the court. They can tell you the chances. . .how successful they have been in cases like this, but they can't make any promises.

Did he only meet with you the one time? Because that's not right either. If he was really trying to get it removed from his juvenial record and not just working on the knowledge that it would go away when your son turned 18, he would have had your son jump through some hoops in preparing for court. If you are trying to get something removed from your record there are usually things you will have to show the court that you have done, and a good attorney will know what those are and have them done before the court case.

__________________
"No one believes more firmly than Comrade Napoleon that all animals are equal. He would be only too happy to let you make your decisions for yourselves. But sometimes you might make the wrong decisions, comrades, and then where should we be?"
- George Orwell Animal Farm

He met with my son one time. My son paid him out of his own hard earned money making $5 (aprox) an hr. The lawyer said he would get it expunged and wiped off his record. My sons friend also paid, but $800 to the same lawyer. This guy was recommended to us. My son will be 18 in a few wks, and I was thinking that we needed to do this before he was 18, so it wouldnt be on his record forever. He keeps telling me he learned his lesson. It was a misdemenor. I am so mad at this lawyer right now I want to go down to his office and yell. I will call him every day, and on thursday, when I am off work next, I will go into his office and confront him if I dont hear back. That should be plenty of time.

anyone else have any suggestions that I should be armed with when I go confront him?

__________________
A mother holds her children's hand for awhile; their hearts forever.

Do you have anything in writing between you and the lawyer as to what he was going to do?

Not that I know of. Unless my son has something I dont know about. I guess that means we cant prove we paid him either. crap!

__________________
A mother holds her children's hand for awhile; their hearts forever.

Did he file any paperwork with the court? Did he ever appear at any hearings on behalf of your son? If he did then he can probably justify the $750.

Lawyers are usually sticklers when it comes to contracts. I'm sure that when you hired him there was some kind of contract that stated what services he was performing for that $750. I'd read that over and see if he actually performed any of those things.

I think it would be worth your time to call your state's Bar Association. Just tell them your situation and see what they have to say.

Good luck.

__________________
"No one believes more firmly than Comrade Napoleon that all animals are equal. He would be only too happy to let you make your decisions for yourselves. But sometimes you might make the wrong decisions, comrades, and then where should we be?"
- George Orwell Animal Farm

Wow! If there's not then I would say that's really fishy! I don't know any attorney that wouldn't have a contract for services!

ETA: Ask your son. Of course it would be non-binding anyway because your son is a minor. It would have had to be signed by you.

__________________
"No one believes more firmly than Comrade Napoleon that all animals are equal. He would be only too happy to let you make your decisions for yourselves. But sometimes you might make the wrong decisions, comrades, and then where should we be?"
- George Orwell Animal Farm

if there was no contract and/or retainer agreement signed, and no receipts given for payment--assuming that your DS didn't pay by check or money order, then yeah, you're in for a fight.

Like someone pointed out--no contract/retainer agreement would be legally binding anyway as your DS WAS a minor!

Sad to say, but I think your DS may have learned a lot of things in a very expensive manner.

Frankly, I would find out as much as you can about this attorney. Is he licensed in Texas? Does he have any sanctions on his record from the State Bar. Contact the state Bar. Contact the Better Business Bureau, and contact your Attorney General, and the Co. Prosecuting Atty.

You, via your son, got screwed.

__________________
Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

You said you hired the attorney, so you would have received a receipt of what you paid the attorney, that is your proof that you paid. If you did not go with your son to the attorney, and there is no receipt of payment, how do you know your son really even paid out any money? If the attorney did reperesent your son in court or help in making arrangements with a plea agreement then yes or anything like that then yes he earned the $750.

__________________
visit my homepage http://penny.mycoupons.com/

If your son paid him - and he wasn't 18. I don't think he could have a legal contract with him anyway. In most states you have to be either 18 or 21 to sign any sort of legal contract and have it stick.

__________________
Meddle ye not in the affairs of Dragons, for you are crispy, and taste good with Ketchup!

"Generally speaking, a juvenile's record is expunged upon turning 18."

Just so you know, and from experience, if it is a felony or even certain misdeameanors, they are no longer expunded in certain areas.
Since 9/11 they have gotten picky about what is sealed and what isnt.