Are there some misdemeanors that cannot be expunged? 13 Answers as of March 13, 2013

My hope is to get a misdemeanor charge off my record forever so that it don't hurt me on backround check. Can all misdemeanors get expunged?

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Mari Morrison Attorney at Law | Mari Morrison
No.
Answer Applies to: Alabama
Replied: 3/13/2013
Steven Dodge | Steven Dodge
No. Offenses charged under the Vehicle Code cannot be expunged. Drunk driving offenses would be an example of offenses that cannot be expunged.
Answer Applies to: Michigan
Replied: 3/12/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
No anything that involves driving is non expugnable. This includes OUIL and driving on a suspended license.
Answer Applies to: Michigan
Replied: 3/12/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Most misdemeanors can but not all of them. Driving offenses, such as DUIs, Reckless Driving, Fleeing & Eluding, Drag Racing, etc. cannot be expunged.
Answer Applies to: Michigan
Replied: 3/12/2013
William L. Welch, III Attorney | William L. Welch, III
In Maryland traffic offenses may not be expunged, and they are misdemeanors.
Answer Applies to: Maryland
Replied: 3/12/2013
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    New York does not have an expungment statute. All you can do is get a Certificate of Relief from Disabilities from a lawyer.
    Answer Applies to: New York
    Replied: 3/12/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you are convicted of a misdemeanor, and not sentenced to an expungeable order, such as court diversion or supervision, you can never get it expunged. You may be able to get many misdemeanors sealed, whereby everyone but law enforcement or courts have access to case information. Check with the Clerk of Court in the court where your misdemeanor was handled to see if you qualify for either expungement or seal of the case.
    Answer Applies to: Illinois
    Replied: 3/12/2013
    The Law Office of Carlos H. Davalos
    The Law Office of Carlos H. Davalos | Carlos H. Davalos
    Convictions can never be expunged, felony or misdemeanor. However, misdemeanor convictions may be eligible for sealing under certain circumstances. Some misdemeanor convictions, like DUI, can never be expunged or sealed.
    Answer Applies to: Illinois
    Replied: 3/11/2013
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    In Colorado, except for some drug offenses, misdemeanor convictions cannot be expunged. If the case was dismissed after a deferred judgment, it can be expunged or sealed.
    Answer Applies to: Colorado
    Replied: 3/11/2013
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    In New York State, misdemeanor convictions cannot be expunged except as part of a special drug treatment plea which does not occur often.
    Answer Applies to: New York
    Replied: 3/11/2013
    Hamblin Law Office | Sally Hamblin
    If you indicate the misdemeanor along and if it is in Michigan would be happy to respond. There are some offenses that will not be expunged.
    Answer Applies to: Michigan
    Replied: 3/11/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    DUI convictions cannot be expunged in Minnesota. Otherwise, all misdemeanor convictions can be expunged but some are more likely to be expunged than others.
    Answer Applies to: Minnesota
    Replied: 3/11/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Not sure what State you are in, but this is the law in New Jersey: In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged. 1. Notwithstanding the provisions of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, although less than 10 years has expired in accordance with the requirements of the preceding paragraph where the court finds: (1) less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or (2) at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction. In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person's age at the time of the offense, the person's financial condition and other relevant circumstances regarding the person's ability to pay. Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.
    Answer Applies to: New Jersey
    Replied: 3/11/2013
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