What is a Discretionary Dismissal and how does it apply to expungements?

First, you must establish whether your request is considered a discretionary expungement. If so, you should attempt to request for a hearing before a judge. This allows for you to have the best chance to convince the judge to grant your expungement. Of course, you must inform the court clerk that you would like to request a hearing and show them your letter requesting a hearing and include it with your submission.

If the court provides a hearing date obviously you must attend your hearing. This can either be you or your attorney, as always we encourage an attorney to represent you.

How does a discretionary dismissal work?

It operates as a hearing to provide you the opportunity to explain your case to the judge and persuade the judge that dismissing your conviction is “in the interests of justice.” It goes without saying, but the purpose of your explanation is to show the judge why you deserve to have your conviction expunged, and how an expungement will help you succeed and achieve your goals. These goals differ from person to person and on a case-by-case basis, but some situations for example are: buying a house, applying for a job, obtaining a professional license, etc.