Absolutely not. You have every right to petition for an expungement on your own. Any person charged with a crime, from DUI to murder can choose to represent themselves at every stage of the proceeding, from arraignment to a death-penalty trial and even in the appeal. However, that doesn’t necessarily mean that it’s a good idea. Whether you should represent yourself, choose some sort of hybrid representation option, or purchase full counsel, it is an individual decision that will depend upon the individuals comfort and familiarity with the court system. Before making a decision as to what level of counsel you would like in the process, ask yourself the following questions:

• Are you comfortable with public speaking? While single charge, misdemeanor expungements remain mandatory under then new law, multiple misdemeanor and felony expungements are fully in the judge’s discretion. If the prosecutor objects, and the judge orders a hearing, you will be expected to make your case in front of a courtroom full of people while an experienced prosecutor argues against you. For some people, this won’t be a problem. For most, this sounds terrifying. For the rest, you may still be better off with an experienced courtroom advocate arguing your case.
• Are you comfortable speaking in code? Specifically Kentucky Revised Statutes? The new expungement law frequently refers to offenses by numbers and uses broad, undefined terms. Is the offense you are seeking to expunge “enhanceable”? Do the offenses “arise from a single incident”? What these terms mean in the context of expungement are still undecided. A good lawyer can help expand the number of cases that may be expungeable.
• Do you have all of the documents from the case you are seeking to expunge? A lawyer will likely be able to access them quickly online. You will probably have to go to the courthouse, wait in line, and pay to make copies to get the information needed to file the expungement if you don’t.
• Do you know where the clerk’s office is? And which clerk to file with? District or Circuit? And even if you know, wouldn’t you like to avoid multiple trips to the courthouse?
• Do you know which agencies have records of your offense? When you file an expungement petition you have to designate which agencies are going to destroy records. Does the Department of Corrections have your records, or a local jail? Was it local police or Kentucky State Police? Maybe both? Does the Central Crime Lab still have records? Is your DNA still in the Combined DNA Index System (CODIS)? A good attorney will know where to send the expungement order to destroy all traces of your conviction.

If you feel comfortable answering these questions, then it may be a good idea to file for your own expungement. Admittedly, there is no reason the process should be this complicated. I believe that citizens should be able to file their own expungements, but as long as the process is this complicated, it will be difficult and time consuming for them to do so. Unconvicted does offer the Self-Service Package for people who want some extra help, but haven’t decided to brave it entirely themselves.