General Terms and Conditions - Limited Retainer Agreement
This is an Agreement between You ("Applicant") and THCSponge ("Attorneys") to provide a very limited scope of representation. The limit of that scope is generally the preparation, submission and an expected uncontested entry of a petition for expungement. Should any unexpected preparation, submission(s), or contestation of the petition occur, You will have the option to have the Attorneys withdraw your petition or continue under the the "Contested Terms" outlined below.
The information You enter here in this form or relayed to Attorneys will be the basis of any attempted expungement petition filed for You. If You may be, as a matter of law or discretion, ineligible for an expungement, an Attorney will do their best to let you know prior to filing. The filing of an unsuccessful or withdrawn petition does not generally preclude future attempts at refiling.
* The Attorney will NOT have access to your full FBI Criminal Case History to prepare this petition. If You fail to inform the Attorneys of any charges not currently in the Court's computer system, in New Jersey or anywhere else, and/or don't have documentation regarding those charges, the Attorney may not be able to file your expungement today. You are, by submitting this form, giving the Attorney the permission to attempt to retrieve and review as much of Your criminal history as possible to advise You.
* If any charges are not available to expunge through the Court's system - You may be informed by the Attorney that they were possibly/likely included in the New Jersey Court's automatic expungement. Attorneys will have forms available for You, for your personal convenience, to contact any Court and obtain a certification whether that particular matter was automatically expunged.
* The Attorney will utilize the NJ Court's Expungement Portal to electronically create Your expungement petition, but will also let You know if there may be any potential detriments to filing.
* The Attorney will require good contact information and cooperation from You, to keep you informed and involved in the petition's review process.
* No Attorney makes any guarantee of success of Your petition for expungement. Attorneys may, at their discretion, choose not to file a petition for any applicant for any reason.
* For value received from Attorney, including looking up and reviewing the Party Court History, You hereby waive and hold harmless any and all sponsors, attorneys, and involved parties, paid or volunteer, related to or involved at the venue, in the review and potential expungement process provided at this clinic.
* As discussed above, You and the Attorneys mutually have the choice to withdraw any petition if unexpected preparation, submission(s) or contestation with a prosecutor or other entity, happens. Under these Contested Terms, You agree that if Attorney proceeds and does not withdraw your petition, that you are responsible for limited attorney's fees for the Attorney's assistance in those circumstances. Unless otherwise outlined if Contested Terms arise, You agree to pay Attorney $100.00 per hour. You acknowledge that the Attorney's normal rate is $250.00 per hour, and that any disagreements or disputes as to fees may be calculated at that rate. Attorney DOES NOT agree to represent you through an appeal, if such is necessary, absent a separate signed agreement.
* If You have pending charges or have previously filed for an expungement, you may be ineligible.
* If You have outstanding financial obligation to the Court, including fines, fees, or restitution, the petition may convert those amounts to judgments against you.
* If You commit a crime or offense after this expungement, the Court may "unexpunge" records expunged in this petition.
