If this lawyer can't make the civil case while at the same time allowing his clients to become non-criminals, I wouldn't want him to represent me. He's a moron and looking out for his interests rather than his clients.
I don't think that's the case. It appears to me that the lawyer is serving his clients first by preserving the evidence of their damages. Assuming his clients prevail in their claims, any winning judgment or settlement would also mandate that all arrest records must be expunged. But first things first...