As a paralegal who has trained others in the area of criminal record expungements, one of the first misconceptions I often encounter is the idea that this process is just another paperwork-heavy task—just “filling out some forms.” Some even treat it like an essay-writing assignment. But anyone who has worked through even a few expungement cases knows that this couldn’t be further from the truth.
While expungements do involve completing forms and organizing documents, they also require careful statutory analysis, attention to detail, and a deep understanding of procedural rules—all under the supervision of an attorney, of course. The stakes are high for clients, and missteps can cost them the chance at jobs, housing, and a clean slate. That’s why, as legal professionals, it’s important that we as paralegals don’t underestimate the level of diligence, research, and care these cases require.
One of the main reasons this work is more complex than it appears is because expungement laws vary dramatically by jurisdiction. I’ve had the opportunity to work on expungements in several states, and what qualifies in one jurisdiction might be entirely ineligible in another.
For example:
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Indiana has adopted fairly expansive expungement laws, including procedures for sealing multiple types of records and giving individuals with criminal histories a meaningful second chance. That said, the process is still detailed and requires precise statutory application.
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Washington, D.C. also allows for a broader range of offenses to be sealed, but you still need to navigate its unique legal definitions and court requirements carefully.
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Missouri, historically more restrictive, has made some recent progress—such as expanding the list of eligible offenses—but the law remains narrow and procedurally strict. It’s easy to misinterpret which offenses qualify, how long the waiting period is, or whether a subsequent conviction disqualifies the entire petition.
In all of these jurisdictions, one constant remains: expungement is not a “plug-and-play” process. Even when under attorney supervision, the paralegal’s role involves:
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Reviewing and interpreting court records with care,
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Understanding the eligibility criteria based on the statute,
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Organizing documentation for the attorney to review and use in drafting,
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Assisting with factual summaries when required (always mindful not to give legal advice),
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Ensuring accurate timelines are followed for waiting periods and filing deadlines,
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And supporting the attorney’s advocacy through careful attention to procedural requirements.
It's critical that we remember our professional boundaries—we're not giving legal advice or making legal conclusions—but we do play a vital role in ensuring the attorney has what they need to advise and represent the client effectively.
The bottom line? Expungements are not just “form work.” They are legal processes that require strategy, jurisdiction-specific knowledge, and collaboration with supervising attorneys. For many clients, an expungement can be life-changing. As paralegals, our diligence can make all the difference in helping attorneys navigate this process efficiently and ethically.
Cheryl L. Miller
Founder & Chief Operating Officer
Cheryl L Miller LLC
If your firm needs support with expungement work across various jurisdictions, Cheryl L Miller LLC paralegals are well-equipped and ready to assist. We may be contacted at 573-238-8130 or contact our Business Development Office at sales@cheryllmillerllc.com
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