6.4.3 Procedure

IFPs will require notarization and a third-party witness that knows the individual’s financial situation. Be careful when completing, or helping clients complete, these forms as they are sworn statements to the court regarding income and expenses. It is very helpful to include supporting documentation (such as pay stubs and award benefit letters) when filing.

IFPs can be filed and granted off-docket in many cases before the individual files the expungement, but each expungement will require its own IFP. Some courts may allow a duty judge to grant all IFPs, or each section/division may want to consider and grant the IFPs individually. Additionally, judges can do one of the following with their IFPs: 1) grant the IFP; 2) deny the IFP with written reasons; or 3) set the IFP for a hearing for more information. If the IFP is denied or if a hearing is set, be prepared to argue for the person’s eligibility. If granted, and while an expungement is pending, an “opposing” party, the clerk, or the court may traverse an IFP to determine if the client is still eligible for the fee waiver. For expungements, this means that the clerk, the court, LSP, the DA, or the sheriff could challenge the facts contained in an IFP application if a person’s financial situation changes. This likely will not happen during the 60 days an expungement is pending, but it is important to caution an expungement seeker that it may happen as a result of a new job or an increase in income while the expungement is pending.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.