Can I get two misdemeanors erased from my record so that future employers cannot see it? 61 Answers as of July 03, 2013

If I have two misdemeanors, is there any way I can get these set aside so that future employers can't see them on my record?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
My first advice would be to obtain an attorney to assist you with this matter. You may be eligible to expunge that prior conviction. Expunging a crime in Michigan is complicated. This response does not contain specific legal advice. If you need specific legal advice for your own circumstances, I recommend consulting with an attorney experienced with these types of matters. Most attorneys provide free initial consultations. Speaking in general terms, there are several significant obstacles to getting offenses expunged in Michigan. Expunging a criminal charge is great way of clearing up past mistakes. However, there are a series of obstacles. First, a person may expunge only one prior conviction and they can only have "no more than 2 minor offenses in addition to the offense for which the person files an application." MCL 780.621(1). Second, certain offenses cannot be expunged. Traffic offenses for example, even something as simple as driving on a suspended license, a lot of high level or capital felonies, and other offenses as listed in the applicable statutes, cannot be expunged. It depends on which offense is currently on the person's record. Additionally, even if a person only had one offense, if they had issues with probation, i.e., probation violations or other infractions while serving their sentence, that may be obstacle as well. There is also a time limitation. Any effort to expunge an offense cannot commence until five years after the date of conviction. Lastly, expunging an offense from a criminal record takes time, requires a lot of paperwork, carries some notable costs, and eventually, applicants need to appear before a judge and convince the judge that they are worthy of having the offense expunged in order to complete the process. Please consult with and retain a criminal defense attorney, preferably an experienced one who has handled these matters, to assist you with the process. Most attorneys offer a free initial consultation.
Answer Applies to: Michigan
Replied: 11/4/2011
Keyser Law Firm
Keyser Law Firm | Christopher W. Keyser
A criminal offense can be expunged under certain circumstances. If the offense was resolved "in your favor," meaning you never entered a guilty plea or you were a juvenile certified as an adult, you likely qualify for a statutory expungement. In essence, this means you may petition the court to order your records sealed from all agencies; this includes not only the court but executive agencies such as the police department, the prosecutor's office, the Department of Human Services and the Bureau of Criminal Apprehension (BCA). If you did enter a guilty plea or were adjudicated guilty for the offense, you may seek an expungement through the court's "inherent authority." To succeed, you must show that the benefit of sealing the criminal record outweighs the public's interest and safety in keeping the record visible. If you successfully petition the court for the expungement, the court only has authority to seal its own court records. Thus executive agencies such as the BCA will still have access to your record and subsequently so will the general public. Lastly, a judge will not grant any expungement if you are currently on probation or if you have an open and pending criminal case.
Answer Applies to: Minnesota
Replied: 11/3/2011
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Unfortunately, misdemeanor convictions cannot be expunged. However, although you cannot expunge a misdemeanor in New York State, records about any case that was dismissed or that was otherwise terminated in your favor can be sealed. Records of convictions for most non-criminal offenses or violations can also be sealed. Misdemeanor or felony convictions cannot be sealed. Here is a partial list of employers in New York State who are allowed by law, to send for your rap sheet from DCJS or the FBI: Public employers (federal, state, local government agencies, all law enforcement agencies), Child care agencies, Hospitals, Museums, Home health care agencies, Financial institutions (such as banks and brokerage houses), Schools and companies hiring school bus drivers and school bus attendants.
Answer Applies to: New York
Replied: 11/3/2011
Levine & McHenry LLC
Levine & McHenry LLC | Matthew McHenry
If you have 2 misdemeanors on your record and they did not merge into one (or should not have merged into one), then in Oregon, depending on the misdemeanors, you may be able to expunge them after 10 years have passed. If, on the other hand, the misdemeanors merged, or should have merged, you only have to wait 3 years.
Answer Applies to: Oregon
Replied: 11/1/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
If they are drug crimes or one of them is then there may be a motion you can hire an attorney to do so for you, otherwise there would be no way to accomplish what it is you're describing.
Answer Applies to: New York
Replied: 11/1/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    This is very doubtful but if one can be reopened and the other was deferred it may be possible.
    Answer Applies to: Texas
    Replied: 10/31/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    No. There is no expungement law in the State of Alabama. There has been in the past an expungement bill before the Alabama legislature but it is yet to pass.
    Answer Applies to: Alabama
    Replied: 10/31/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    There is no way to get your convictions "erased". They will always show up on your automated criminal history. On the other hand, there is procedure that allows you to say you have not been convicted. Each county has a different procedure for accomplishing that and it can be done with or without an attorney. Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. If you completed probation successfully you are entitled to one. An attorney could help too. He or she would likely seek the route of a formal motion before the court which also could be done much sooner than the administrative way. Costs vary with attorney to attorney. In such things where the lawyer makes a difference you get what you pay for.
    Answer Applies to: California
    Replied: 10/31/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    If you got and successfully completed deferred adjudication probation, you might be able to seal the records depending on the timing of the cases. If you got final convictions (time served, fine), then the records are there to stay.
    Answer Applies to: Texas
    Replied: 10/31/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You can expunge misdemeanors three years after you complete all conditions of your sentence.
    Answer Applies to: Washington
    Replied: 10/31/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Unfortunately you cannot get an expungement with two convictions of any kind on your record. You can only have one on your record in order to be eligible for an expungement. You could possibly have the prosecutor agree to set one of the convictions aside so you could apply for an expungement on the other one. You should contact an attorney that does expungements on how to proceed with that.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It depends. Were you convicted or put on deferred adjudication. If you were deferred, then you may be eligible, it depends if there was a Motion to Adjudicate granted or not.
    Answer Applies to: Texas
    Replied: 10/28/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    You can only expunge convictions for MIPs and DUIs. In order to expunge anything else, you must essentially prove actual innocence - i.e. that there was not even probable cause to arrest you for the crime. If you already pled guilty, then you cannot expunge the arrest or the conviction.
    Answer Applies to: Missouri
    Replied: 10/28/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were not convicted of these charges, you can file letitions to have the records expunged from your record. If convicted of one or both cases, you cannot get the records expunged, however, you probably can get them sealed, where they are only accessable to the courts or law enforcement authorities, but not insurance or employers. I suggest you appear at the Clerk of the Court in the county where the cases arose, and have them give you a firm answer as to your remedies. They should have instructions and forms for you to use to file the petitions you need.
    Answer Applies to: Illinois
    Replied: 10/28/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    You can Petition the Court to have them sealed and/or expunged. However, there are requirements that must be met in order to qualify for sealing or expunging. Your charges must not have resulted in you being adjudicated guilty. If the Court withheld adjudication on both charges then you can Petition the Court for your records to be sealed and/or expunged.
    Answer Applies to: Florida
    Replied: 10/28/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The Michigan expungement statute only allows for the expungement of one conviction.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible to have misdemeanors expunged, but there are some limitations to the benefit.
    Answer Applies to: California
    Replied: 10/28/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No, you cannot have these two misdemeanors set aside.
    Answer Applies to: New York
    Replied: 10/27/2011
    Law Office of Nixon Ayemi | Nixon Ayeni
    Yes, if they are allowed by the statute.
    Answer Applies to: Minnesota
    Replied: 10/27/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    You can get them expunged which will both allow you to say that you have not been convicted on an application for employment and reflect a dismissal on your record. Good luck.
    Answer Applies to: California
    Replied: 10/27/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    There is no guarenteed way to do so. A lawyer might be able to talk to the prosecutor for the jurisdiction where the convictions happened about withdrawing your plea. The lawyer could only do this by convincing the government to allow you to do this. You are not eligible under the expungment statute.
    Answer Applies to: Michigan
    Replied: 10/27/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. You have to have successfully completed probation for both convictions. You also cannot be on any other probation, and you cannot have any other criminal case(s) pending. Contact an attorney about filing the petition for expungement for you and to conduct the expungement hearing.
    Answer Applies to: California
    Replied: 10/27/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You can petition to have both misdemeanors expunged. It will require separate petitions and separate filing fees. In addition, expungement is discretionary. There are no guarantees.
    Answer Applies to: Minnesota
    Replied: 10/27/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Yes, but only if you were found not guilty, successfully completed deferred adjudication probation or the cases were dismissed.
    Answer Applies to: Texas
    Replied: 10/27/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes, this is called an expungement. You generally must wait at least 3 years after the case is closed.
    Answer Applies to: Kansas
    Replied: 10/27/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Assuming you were over 18 at the time, the best you can do is to seek a dismissal under Penal Code section 1203.4. That's commonly called an "expungement", but it doesn't wipe it off you record. If granted, it allows you to withdraw your plea and the case is dismissed. That dismissal allows you to tell most private employers that you have not been convicted of a crime. You must still disclose it under certain circumstances and if you're applying for a professional license. They will also still exist as prior convictions, should you get charged for a similar offense in the future. A local criminal defense attorney can assist with these for a reasonable fee.
    Answer Applies to: California
    Replied: 10/27/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Under current Minnesota law, a statutory expungement is generally not available of the person was convicted of the offense. That means the pnly expungement possible is a judicial expungement which would seal only the court records and not those maintained by the BUREAU OF criminal Apprehension where most background checks are performed.
    Answer Applies to: Minnesota
    Replied: 10/27/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    New York State does not have an expungement statute. The legislature feels it is important for schools, employers, and the courts to know the criminal history of people they deal with. If you have a criminal record employers will be able to find out what you were convicted of and there is no way to prevent that.
    Answer Applies to: New York
    Replied: 10/27/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    If the misdemeanors are convictions, then you can petition the court under PC 1203.4 to withdraw the plea and dismiss the case. You should contact counsel to be sure that you qualify for the dismissal at this time ( you cannot have any pending cases, be on probation for any matter, or have had violations of the probation;) if you had any violations of the probation, an additional declaration should be included in the petition, but the granting of it is up to the court. You can also discuss with counsel whether to file the petitions at the same time, or file them at different times and in what order to file them. There are court fees that you will be paying. Once the petitions are granted, with certain exceptions, you can indicate on a job application that you weren't convicted (the court order will explain the exceptions and the other the limitations of the "expungement"). The employer may still be able to see the dismissal when he does the background check. In any event, it is always better to get the expungement than not. If the misdemeanors that you refer to were arrests only, there is a different procedure to seal/destroy the arrest record.
    Answer Applies to: California
    Replied: 10/27/2011
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    You can hire an attorney to file an application for a pardon. The process is very particular and you will need an attorney who specializes in that area of law.
    Answer Applies to: Alabama
    Replied: 10/27/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    Depending upon how long ago you were last convicted, the answer is likely yes. I would have to review your entire record to confirm this however.
    Answer Applies to: New Jersey
    Replied: 7/3/2013
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    It depends on when the convictions occured and what they were for, as well as whether or not you completed all terms and conditions - penalties - the court imposed.
    Answer Applies to: California
    Replied: 10/27/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It depends upon what the convictions are for. It is not easy to get records sealed or expunged. There are certain steps you need to jump through (providing you qualify). It also depends upon what else is on your record. It is possible, but you’re going to need to speak with an attorney, who can review the facts and circumstances of your case to determine the likelihood of success.
    Answer Applies to: Washington
    Replied: 10/27/2011
    Baner and Baner
    Baner and Baner | Jonathan Baner
    Depends on the unique facts of the case such as the crimes, the times, and the fines. Okay I just wanted to make something with a jingle. But it does depend on the facts of the case as to whether expunge/sealing is available. Contact an attorney in your area that handles criminal defense work if you can afford one.
    Answer Applies to: Washington
    Replied: 10/27/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Most offenses, particularly misdemeanors, can be expunged. However many factors, such as how they were sentenced, type of offense, age, steps taken toward rehabilitation, among others determine whether a judge can or will grant the expungement.
    Answer Applies to: Minnesota
    Replied: 10/27/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes you can retain our office to make a motion for relief from disability.
    Answer Applies to: New York
    Replied: 6/3/2013
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    No, you can't. Georgia law does not provide for expungement of a criminal record after the person has entered a plea of guilty or has been found guilty of the offense.
    Answer Applies to: Georgia
    Replied: 10/27/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You may have misdemeanors expunged from your record. An expungement will not make the misdemeanors disappear. However, you would be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, with certain exceptions. the order does not relieve you of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery. You can lawfully state that they have not been convicted of the crime when asked on a job application from a private (non-law enforcement) employer.
    Answer Applies to: California
    Replied: 10/27/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Under current Colorado law if a case is completely dismissed it can be sealed (like after completion of a deferred sentence) or if it is a minor drug offense. Check out: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=34 re dismissed cases and sealing and also check out the following re sealing drug cases that are not dismissed: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=104.
    Answer Applies to: Colorado
    Replied: 10/27/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    No.
    Answer Applies to: Michigan
    Replied: 6/3/2013
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Only if they occurred before you were 21 years of age. Otherwise the new statute says no.
    Answer Applies to: Michigan
    Replied: 10/27/2011
    Rosengren Kohlmeyer Law Office Chtd.
    Rosengren Kohlmeyer Law Office Chtd. | Jason Kohlmeyer
    You can file an expungement to possibly help you with this matter. It's not going to make it impossible to find, but it may remove it from the court system.
    Answer Applies to: Minnesota
    Replied: 10/27/2011
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    File a 1203.4 application. They are available at the court where you entered your plea.
    Answer Applies to: California
    Replied: 10/27/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Erased no, dismissed possibly yes. There is no way to expunge your record. In California there is not true expungement you can only dismiss certain crimes.
    Answer Applies to: California
    Replied: 10/27/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends on what they were. DUI convictions are forever. All other misdemeanors can be vacated and dismissed eventually if you meet the criteria for it.
    Answer Applies to: Washington
    Replied: 10/27/2011
    Michael Edwards, Attorney at Law
    Michael Edwards, Attorney at Law | Michael Edwards
    Yes, you can potentially expunge these convictions. There are rules to how and when you can do this. I do not have sufficient information to fully advise you on this. You should either consult with a competent defense attorney, or go to the Utah Bureau of Criminal Identification (BCI), and apply for a certificate of eligibility for expungement. They will then tell you whether or not you qualify to expunge one or both of your convictions.
    Answer Applies to: Utah
    Replied: 10/27/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    You can do an expungement which will erase those charges from your record.
    Answer Applies to: New Jersey
    Replied: 10/27/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    No. Once arrested/convicted, the charges will never be removed from your record. However, you could file a Petition To Dismiss the charges pursuant to Penal Code 1203.4. That won't remove the conviction from your record, but will add a note that indicates it has been dismissed. Employer's may still be able to see it, but the dismissal will allow you to deny a conviction for those misdemeanors on job applications (unless its for a government job).
    Answer Applies to: California
    Replied: 10/27/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Yes, you can always file a motion for expungement or have a lawyer file the motion for you. The motion is based on Penal Code section 1203.4: (a)In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.
    Answer Applies to: California
    Replied: 10/27/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    No. You can ask the court to dismiss the cases pursuant to Penal Code 1203.4. But the record of arrest an conviction remains. You might also look at certificate of rehabilitation if you qualify.
    Answer Applies to: California
    Replied: 10/27/2011
    Beard Law Group, P.C.
    Beard Law Group, P.C. | Christopher Beard
    Alabama does not typically recognize expungement.
    Answer Applies to: Alabama
    Replied: 10/27/2011
    Flood Lanctot Connor Stablein, PLLC
    Flood Lanctot Connor Stablein, PLLC | Paul J. Stablein
    Unfortunately, the answer to your question is, "No." The Michigan expungement statute provides for the opportunity to clear one's record if (1) more than five years has elapsed since the defendant was sentenced or released from prison - whichever is later, and (2) the criminal conviction is the only conviction the defendant has on his criminal history in this, or any other, state. It makes no difference that the convictions may have occurred at the same time or that they arose from the same set of facts and circumstances. Unfortunately, a judge is given no discretion to allow an expungement unless the above two conditions are met.
    Answer Applies to: Michigan
    Replied: 10/27/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Two misdemeanors are the maximum number which can be expunged from your records.
    Answer Applies to: New Jersey
    Replied: 10/27/2011
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