Is the right to an expungement automatic?

Where a defendant has been acquitted after trial, the right to receive an expungment is unconditional. Where the defendant is arrested and charges are dropped, the court has discretion on whether or not to grant an expungement.   There are various factors that the court may look at, known as the Wexler factors.  For more information on expungements and pardons, contact the Law Office of Lorraine A. Smith at (412) 427-4130.