Can I have a criminal trespass conviction expunged? 46 Answers as of June 11, 2013

Can I have a criminal trespass conviction expunged?

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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, an applicant must only have one, single, count or charge, whether it's a misdemeanor or felony. If a person has more than one conviction on their record, whether it was multiple counts from the original case, or separate convictions, they are not eligible. 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: 5/23/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Yes, if you have successfully completed probation.
Answer Applies to: California
Replied: 4/11/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
New York does not allow expungement. Tennessee and other states allow the case to be erased, but New York only allows a 440.10 motion to vacate a conviction if it was illegal or improper in some way. Even then the arrest will remain on the computer and it will say that the case was dismissed. This question is by far the most common question that I get on this site. For some reason people think that a conviction can be erased, but that is not available in New York. You can get a Certificate of Relief from Disabilities that will allow you to get certain jobs, but that has to be signed by the judge that sentenced you.
Answer Applies to: New York
Replied: 4/8/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
If all your fines have been paid and you have kept a clean record for five years, you can have the Criminal Trespass case vacated ad dismissed. Please give me a call at your leisure and we can discuss your situation in detail.
Answer Applies to: Washington
Replied: 4/5/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
There is a procedure to expunge convictions. You should hire an attorney.
Answer Applies to: New York
Replied: 4/5/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This will depend upon the amount of time that has elapsed since you were convicted and whether or not you have satisfied all aspects of any potential probation requirements you may have had. If this matter occurred in Louisiana and you would like to discuss it in greater detail which would allow us to give you a more definite answer, please contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 4/5/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Under Minnesota law, expungements are only allowed by statute where there has been a determination in your favor. That means, ultimately, the charges must have been dismissed. If that occurred, you may erase any and all court or administrative records. There are also Judicial expungements. Such an expungement is entirely up to the Judge as to whether it should be granted. This is an important distinction since a Court cannot expunge anything but judicial records with a judicial expungement unless there is an overiding basis that requires the expungement in the interests of justice. The courts have ruled that seeking better employment or promotions would not be a basis to expunge adminstrative records. Administrative agencies generally are the plces where background checks are performed. Criminal records are also maintained by Administrative Agencies such as the Bureau of Criminal Apprehension. This is an executive agency. As a result, the criminal records, if held by the BCA, would never be expunged in a Judicial expungment. Since you were convicted, a statutory expungement is not possible.
    Answer Applies to: Minnesota
    Replied: 4/4/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, not unless you can prove that you were wrongfully convicted and have received a pardon from the governor. (Va. Code Sec. 19.2-392.2 et seq.)
    Answer Applies to: Virginia
    Replied: 4/4/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    Yes.
    Answer Applies to: Michigan
    Replied: 6/11/2013
    Law Offices of Dennis Smith
    Law Offices of Dennis Smith | Dennis William Smith
    Yes.
    Answer Applies to: California
    Replied: 6/11/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    In Michigan, you can get any criminal conviction expunged from your record unless it was a potential life offense or a criminal sexual conduct charge of any degree. Civil infractions such as speeding tickets cannot be expunged and you can only have one charge on your record. Consult with an attorney who does expungements in order to get a more detailed answer to your situation.
    Answer Applies to: Michigan
    Replied: 4/4/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon, where I practice, Criminal Trespass convictions are expungeable if you have not had any conviction within ten years before or after you got your Criminal Trespass conviction and you must show you complied with probation or any other convictions imposed by the court. You must file a motion and present it to the court and the district attorney. Ultimately it is up to the court to grant the motion to seal the conviction. After that, it is like it never happened.
    Answer Applies to: Oregon
    Replied: 4/4/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    Yes, if you have successfully completed probation, you can get it expunged.
    Answer Applies to: California
    Replied: 4/4/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Yes, after you have completed probation.
    Answer Applies to: California
    Replied: 4/4/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    Yes, if it is your only conviction.
    Answer Applies to: Ohio
    Replied: 4/4/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    It is possible for an expungement. The requirements under Michigan Law are that it be 5 years from the conviction, and that you not have any other misdemeanor or felony convictinon. The Petition is made in the Court where the conviction occurred. If you are in the Detroit Metro area, and would like assistance with this issue, you may contact me at your convenience to arrange an appointment. I look forward to hearing from you in this regard.
    Answer Applies to: Michigan
    Replied: 4/4/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Not in Alabama. Alabama does not expunge for convictions.
    Answer Applies to: Alabama
    Replied: 4/4/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many felony and misdemeanor convictions [and now recently included are infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does not 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 4/4/2011
    Jackson White, PC
    Jackson White, PC | Jeremy Geigle
    If you're convicted of criminal trespass in Mesa, Phoenix or any other city in Arizona, you can have the conviction removed from your record. Expunging a criminal record in Arizona is difficult unless your offense was committed as a juvenile. You can remove the conviction, however, by filing a motion to set aside the conviction. A court would be more willing to set aside your conviction if you successfully completed probation and you have a clean record since. Courts will however, take each situation and balance whether or not the person deserves a clean record. You'll want to provide all of the positive information you can.
    Answer Applies to: Arizona
    Replied: 4/1/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Yes, you should be able to petition the court. See Penal Code section 1203.4:

    *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...
    Answer Applies to: California
    Replied: 4/4/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    In Missouri, the short answer is No.
    Answer Applies to: Missouri
    Replied: 4/4/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    It is very difficult to expunge a charge in MA. It is only generally allowed when someone misused your identity. Sealing a record is also difficult, but may be easier than expungement.
    Answer Applies to: Massachusetts
    Replied: 4/4/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Convictions will NOT be expunged. So, tell all of your friends: Get an attorney before you plead guilty and have trouble maintaining employment.
    Answer Applies to: Georgia
    Replied: 4/4/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Yes, if 1) it's been three years from the conviction and you have no other convictions or it's been ten years since your last conviction and you have more than one, and 2) you fully complied with the sentence. Expungements are usually quick and easy.
    Answer Applies to: Oregon
    Replied: 4/4/2011
    Crippen & Cline, LC
    Crippen & Cline, LC | Stephen Howard
    Each state has their own requirements for eligibility to have a charge expunged. Generally, the factors to be considered include how long it has been since the conviction or termination of probation and whether a person has other convictions or arrests. You should contact an attorney in your local jurisdiction for more specific advice on whether you are eligible.
    Answer Applies to: Utah
    Replied: 4/4/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    Maybe, it will depend on a few details. Was it a conviction or was it dismissed? Have you had an expunction before? How old were you when you were convicted or the matter was resolved? These are all questions that need to be answered in order to more accurately assess the situation. Feel free to call me about your case and we can discuss it further.
    Answer Applies to: North Carolina
    Replied: 4/4/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, assuming it is your only criminal conviction ever. Click on the link to the left to call me and discuss.
    Answer Applies to: Michigan
    Replied: 4/4/2011
    NOLA Criminal Law
    NOLA Criminal Law | Townsend Myers
    Depending on where the conviction is from, generally "yes" you may.
    Answer Applies to: Louisiana
    Replied: 4/4/2011
    The Law Offices of Michael S. Berg
    The Law Offices of Michael S. Berg | Michael Berg
    Yes you can. Good luck.
    Answer Applies to: California
    Replied: 4/4/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Yes. Whether it was an infraction or misdemeanor, they are both eligible for an "expungement" - technically a dismissal under Penal Code 1203.4.
    Answer Applies to: California
    Replied: 4/4/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You should be able to get that expunged, but I would need to hear more about your case and whether you complied with the probation to give a better assessment. Feel free to contact me to discuss in further detail.
    Answer Applies to: California
    Replied: 4/4/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes. As long as you are no longer on probation you can get the conviction expunged.
    Answer Applies to: California
    Replied: 4/1/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The only time a case like that can be sealed in Colorado is if the charges ended up being completely dismissed, like after a successfully completed 'deferred sentence'. Was your case a 'deferred sentence'?
    Answer Applies to: Colorado
    Replied: 4/4/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    In Washington there is no such thing as "expungement". A conviction can be "vacated" which is similar to expungement, if 3 years have passed with no new convictions and no pending charges.
    Answer Applies to: Washington
    Replied: 4/4/2011
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