St. Louis Paternity Expungement Attorney
Obtaining Expungements in St. Louis City, St. Louis County, St. Charles County, Jefferson County, Franklin County and Others
If a court has declared you to be the father of a child or you have been convicted for failing to provide child support, the consequences can be dire. The ramifications can range from a court order for child support for several years in the case of a paternity suit, to a term of imprisonment, an order for child support, and the stigma of a criminal conviction in the event of a criminal prosecution for Criminal Nonsupport.
These consequences are especially difficult to accept when you are not the biological father of the child in question.
Expungement of Paternity / Child Support Judgment
Whether you simply learned later that the child was not yours or were actively misled into believing that you were the biological father, Missouri law permits those individuals who have been the subject of a paternity or child support order to petition the court for relief and set aside the court's judgment.
Upon a finding that you are not the father of the child, the court may set aside the judgment of paternity and any orders of child support, order that any debt for past due child support be extinguished, and require the appropriate agency to modify the child's birth certificate.
Expungement of Criminal Nonsupport Conviction
Despite the inequity, it is not a defense to a criminal prosecution for Criminal Nonsupport that you are not the biological father of the child. While it may in some limited circumstances be beneficial to raise the issue, a court cannot consider the lack of paternity as evidence which may relieve you of criminal responsibility.
However, the lack of paternity can later be used to have all records related to the conviction, such as arrest, plea, trial, and judgment, expunged and closed. The intended effect of the expungement is to restore the person to the status they held prior to any arrest, plea/trial, and conviction.
Contact our criminal nonsupport expungement lawyer today to help you get started with this process.
Petition for Expungement
A petition for relief must be filed in the court having jurisdiction over the relevant matters and must be filed as soon as possible as there is a time limit on the filing of such a petition. You need to act today to avoid losing your right to relief. If you have already taken a paternity test demonstrating or you strongly believe that you are not the father of a child that forms the basis of a finding of paternity, a child support order, or conviction for Criminal Nonsupport, contact the experienced attorney at the Whiteley Law Firm today to obtain the relief you deserve.
What Sets Us Apart From The Rest?
Whiteley Law Firm is here to help you get the results you need with a team you can trust.
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Accessible Support
We make it easy for you to reach out and discuss your case, offering multiple avenues including phone, voicemail, online submission, and office visits for your convenience.
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Trusted AdvocacyWe understand the gravity of your situation and are committed to earning your trust through unwavering dedication to your defense.
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Thorough Defense StrategyOur approach involves a meticulous evaluation of your case, ensuring every possible defense avenue is explored to protect your rights.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 888-910-8827 today!
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Can I represent myself?Yes. Although the right is not unlimited, in every criminal prosecution, the accused must be permitted to act as his or her own attorney. However, the better question is whether you should represent yourself. To that question, the answer is undeniably no. For more information on why a criminal defendant should hire an experienced criminal defense attorney, please read more here.
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What if I am guilty?
Although your thoughts on guilt or innocence of the charges against you are important, it is only one factor that should be considered in how to dispose of the criminal case.
The Whiteley Law Firm is committed to ensuring that those charged with criminal offenses receive a result that is in their best interest. In doing so, we always ensure that the conduct of the police has been proper and the prosecution can meet their burden of proof.
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Will my case be dismissed if the police did not read me my Miranda rights?
The continued popularity and proliferation of crime drama television shows perpetuates the idea that the police must advise the suspect of his or her Miranda rights immediately upon being arrested. This television show concept, however, is a myth. The police are under no obligation to inform someone of their constitutional rights once placed in custody.
The Miranda warnings – generally, the right to remain silent and the right to an attorney – take their name from the 1966 U.S. Supreme Court decision of the same name, Miranda v. Arizona. The landmark decision requires law enforcement officials to inform individuals in custody of their rights prior to any questioning. In other words, with some limited exceptions, Miranda warnings are only required when the police interrogate someone while they are in custody.
Given these two requirements, the question whether a case will be dismissed can become a complex question. Suffice it to say, while complete dismissal of the case is not impossible, the more likely result from a Miranda violation would be suppression of the illegally obtained evidence.
