Can you have two convictions expunged if they are non- violent? 42 Answers as of June 11, 2013

Can you have two convictions expunged if they are non- violent?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Sorry to be the bearer of bad news. To be eligible for an expungement, you can only have one conviction of any kind on your record.
Answer Applies to: Michigan
Replied: 8/31/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
The short answer is “yes,” the long answer is that it will take a detailed analysis of the case and a lot of work and be very costly with no guarantee of success.
Answer Applies to: New York
Replied: 5/9/2011
Law Office of Neal L. Weinstein
Law Office of Neal L. Weinstein | Neal L. Weinstein
You can have 2 or 50 convictions expunged, violent or not, at the pleasure of the governor, but must go in front of the executive clemency panel first, and although they generally do not recommend expungement except in extremely rare cases, you should still try to do it.
Answer Applies to: Maine
Replied: 4/20/2011
The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
The key to whether or not charges can be expunged is not whether they were violent or non-violent, but whether or not adjudication of guilt was withheld or not. If you were adjudicated guility you cannot get your charges expunged in the state of Florida. If the charges ended up in a withold of adjudication and your case is in the Tampa Bay area and you wish to hire an attorney, please contact me.
Answer Applies to: Florida
Replied: 4/12/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Yes, as long as you have successfully completed probation.
Answer Applies to: California
Replied: 4/11/2011
    The Law Offices of Michael S. Berg
    The Law Offices of Michael S. Berg | Michael Berg
    Yes. You are not limited to the number of cases on your record that you can have expunged. You can be limited as to the types of cases. Good luck.
    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, you can only make a 440.10 motion to vacate the conviction if it was illegal or improper in some way. Expungement means that it is totally erased from the computer and paper files and you are allowed to lie and say you were never arrested. Tennessee and New Jersey allow a conviction to be expunged if it was dismissed or under certain circumstances, but in New York only certain drug cases are dismissed after completion of treatment programs, but the arrest stays on the computer.
    Answer Applies to: New York
    Replied: 4/8/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Possibly. The general rule is: Records are forever. However, you can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many felony, misdemeanor and infraction convictions can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes [PC 286(c), PC288, PC288a(c), PC288.5, PC289(j), PC261.5(d)], and 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 reduced to a misdemeanor, if necessary, and then 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.
    Answer Applies to: California
    Replied: 4/8/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, not if the convictions occurred in the courts of the Commonwealth of Virginia.
    Answer Applies to: Virginia
    Replied: 4/7/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If they are not sex offences, kidnapping, murder or DUI crimes and you are otherwise eligible you may have those convictions vacated and dismissed. Please call me and I can give you a more-concrete answer once I know situation.
    Answer Applies to: Washington
    Replied: 4/7/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    In Missouri, you may only expunge convictions for MIP and DWI. All other expungements are of arrests only; no convictions are allowed. Best of luck!
    Answer Applies to: Missouri
    Replied: 4/7/2011
    Clifford Clendenin & O'Hale, LLP
    Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
    That question is more complicated than it seems. The only convictions that can be expunged are 1 crime where there was a conviction if the defendant was under 18 at the time of the alleged crime. That person has to have had a clean record for 2 years after the offense and must have no felony convictions on his.her record in the meantime. Sometimes, in some counties, the judge will sign an order to expunge more than 1 conviction if the crimes occurred together and were adjudicated together. Most expunctions require that have had no prior expunction. Most require that you have had no felony convictions. You can get a m larceny expunged after 15 years if there have been no felony convictions. There would be w way- done in correct sequence to get more than 1 expunction. The best way to check to see what can be done is to look at record of the person seeking the expunction. I will be happy to check for you if your case/cases are in Guilford I need full name Race Sex Date of birth Some idea what I am looking for.
    Answer Applies to: North Carolina
    Replied: 4/7/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need details about the 2 convictions to let you know the liklihood of success. There is a procedure but it is not easy to expunge, it depends on the facts and circumstances of the case.
    Answer Applies to: New York
    Replied: 4/7/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    I practice in Oregon and the answer to your question will depend on what the convictions were for and when you received them. Oregon's expungement statute does not differentiate between violent and non-violent convictions. The general rule is Class C Felonies and misdemeanor convictions are expungeable. However, sex crimes are excluded as are any convictions involving motor vehicle laws (such as DUII, hit and run, or reckless driving). As far as timing, you must wait at least three years before you can apply for expungement but the time is ten years if you are seeking to expunge two or more convictions (if they occurred at the same time) or if you have had a conviction in the ten years before or after the conviction you are trying to expunge.
    Answer Applies to: Oregon
    Replied: 4/7/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Sorry, but in NY there are no expungements given. You can get a Certificate of Relief from Civil Disability, but that's about it. Good luck.
    Answer Applies to: New York
    Replied: 4/7/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    If the convictions are both for separate offenses with separate case numbers then it would be necessary to file two separate expungements if this is what you are asking. There are certain restrictions on what types of offenses are expungeable - something an attorney can determine for you if provided with more information. If you are interested in filing expungements in Louisiana, this is something our firm handles on a regular basis. We invite you to contact us today at the information on this page for a free case evaluation to determine if we would be able to assist you in this matter.
    Answer Applies to: Louisiana
    Replied: 4/7/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    That depends upon the type of conviction, there are a few types that cannot be expunged, an example is DUI.
    Answer Applies to: Kansas
    Replied: 4/7/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no expungement law in the State of Alabama. Other states do have provisions for expungement. There is an expungement bill pending in the Alabama legislature, one has been pending for the past two years or so, but is yet to be passed. If passed it may open the door for expungement of non-violent offenses.
    Answer Applies to: Alabama
    Replied: 4/7/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    Getting two convictions expunged will depend on the timing of the offenses. There is a way to expunge multiple charges if they either came from the same incident or were in a 12 month period. If you have any questions feel free to contact me.
    Answer Applies to: North Carolina
    Replied: 4/7/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    If they involve "moral turpitude," potentially, yes. The stats on the Board of Pardon and Paroles website, seems to indicate approximately a 2% chance. Stay well.
    Answer Applies to: Alabama
    Replied: 4/7/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    All convictions can be expunged in probation is completed successfully. There are limits to what that achieves however and depending on future events, sometimes they are still usable in various other types of proceedings.
    Answer Applies to: California
    Replied: 4/7/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Not in Alabama. Every state is different, but Alabama does not allow expungement. Talk to an attorney in the state where you were convicted.
    Answer Applies to: Alabama
    Replied: 4/7/2011
    Law Office of Martin Blank
    Law Office of Martin Blank | Martin E. Blank
    Michigan allows a person to apply to have a conviction expunged provided they do not have any other criminal offenses.
    Answer Applies to: Michigan
    Replied: 4/7/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    There is no expungement of convictions in New York. You can apply for a certificate of relief of civil disabilities, which restore your civil rights.In a small number of cases, you can have records sealed upon the completion of a court approved drug program.
    Answer Applies to: New York
    Replied: 4/7/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    No.
    Answer Applies to: Ohio
    Replied: 6/11/2013
    Khayoumi Law Firm
    Khayoumi Law Firm | Salim A. Khayoumi
    Expungement (or expunction) statutes vary greatly from state to state. Usually the legal process to expunge a criminal conviction is not too difficult; however, under New Mexico law expungement is a cumbersome task and hiring a NM licensed attorney may be necessary.
    Answer Applies to: New Mexico
    Replied: 4/7/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    No. Not in Michigan.
    Answer Applies to: Michigan
    Replied: 4/7/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    Yes, these convictions can be expunged. Give us a call.
    Answer Applies to: California
    Replied: 4/7/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes, it is possible to get 2 non-violent convictions expunged. Contact me if you want to discuss this further. I handle expungements for misdemeanor and felony convictions and can assist you in this matter.
    Answer Applies to: California
    Replied: 4/7/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Yes. The fact that the conviction was for a non-violent offense is not the issue with an expungement. Many criminal offense can be expunged. The issue has more to do with how the individual performed on probation. Expungement pursuant to Penal Code Section 1203.4 requires that "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." I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 4/7/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    If the convictions are Class C felonies (or any grade of misdemeanor), and they are not DUII-related or sex-related, then they can be expunged, if enough time has passed. Generally, when trying to expunge more than one conviction, one has to wait 10 years from the date of the last conviction.
    Answer Applies to: Oregon
    Replied: 4/7/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    This guide only deals with criminal convictions obtained in California. Other states, the military, and the federal government may have a similar procedure, but you must check with them to find out what is required. Try the adult probation department or the public defender's office for the county you were convicted in, the Judge Advocate General's Office (Navy ), (Army ), (Air Force ) for military convictions, or the Federal Defender's Office (in PDF) for federal convictions. In California, section 432.7 of the Labor Code, states "No employer, ..., shall ask an applicant for employment to disclose, ..., information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any ... diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, ..., any record of arrest or detention that did not result in conviction, .... Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial...."

    So, for the purposes of this guide, we will concern ourselves with "convictions." In order to begin cleaning up your criminal record, you first need to know what is on your criminal record. The court will require you to fill out forms. Whether you are requesting a dismissal or a Certificate of Rehabilitation, you will need to know the details of your convictions(s) in order to complete the forms. Also, certain details will affect whether you are eligible. There are several details you will need to know in order to accomplish your goals: Your Case Number(s) [Sometimes called docket number.] Your Date(s) of Conviction(s) [The date of your plea or verdict.] The Code Name(s) and Section Number(s) you were convicted of violating. Was there a "Verdict" or did you "Enter a Plea"? If you Entered a Plea, was it "Guilty" or "Nolo Contendere" (No Contest)? Were you ordered to serve any time on "Probation"?

    If so, how long? [Formal and informal probation are treated the same.] Were you ordered to pay any "Fines," "Restitution," or "Reimbursement"? If you were sentenced to state prison, which one? If you were sentenced to state prison, what date were you released? If you were released on "Parole," what date did your parole end? Get a Copy of Your Criminal Records Information Your criminal records information can be obtained from a variety of sources. Below is a list of the sources most commonly used.

    Your court papers received at the time of conviction. Your attorney, parole officer, probation officer, or contacts within the courts or law enforcement community . The Superior Court where you were convicted. They will only have information for convictions from that county and not other counties. You will need to make a copy of your order(s) of judgment. The California State Department of Justice , Criminal Records Division. They will have your criminal records information for the entire State of California. They are located at 4949 Broadway, First Floor Fingerprinting Office, Sacramento, California. Their phone number is (916) 227-3400.

    There is a fee, but you may be eligible for a fee waiver. You must provide written proof of your income. It may take several weeks for the record to arrive in the mail. You were convicted of a misdemeanor and are still on probation. Request early release from probation and file petition to have conviction dismissed. File a PC 1203.3 petition to have probation terminated early, and PC 1203.4 petition for expungement. You were convicted of a misdemeanor and have successfully completed probation. File petition to have conviction dismissed. File PC 1203.4 petition for expungement. You were convicted of a misdemeanor and were never given any probation at all. File petition to have conviction dismissed. File PC 1203.4a petition for expungement. You were convicted of a felony and are still on probation.

    Request early release from probation and file petition to have conviction reduced to misdemeanor and dismissed. File a PC 1203.3 petition to have probation terminated early. File a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement. You were convicted of a felony and are done with probation and/or county jail time. File petition to have conviction reduced and dismissed. File a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement. You were convicted of a felony and were never given any probation at all and were sentenced to county jail. File petition to have felony reduced to a misdemeanor and file petition to have conviction dismissed. File a PC 17(b) petition to get felony reduced, and PC 1203.4a petition for expungement. You were convicted of a felony and were sentenced to state prison or under the authority of the Department of Corrections and Rehabilitation . File a petition for Certificate of Rehabilitation and Pardon. See requirements about this process, and the ten-year rule, under Certificate of Rehabilitation and Pardon. If you were convicted of a misdemeanor or a felony and were not sentenced to state prison or under the authority of the Department of Corrections and Rehabilitation you can petition for a dismissal. This means you were given county jail time, probation, a fine, or a combination of those three. If you are petitioning for a dismissal, the court upon proper motion, may withdraw your guilty or nolo contendere (no contest) plea, or verdict of guilt if you went to trial, and enter a not guilty plea.

    Then the court will set aside and dismiss the conviction. From that point forward, you are considered no longer convicted of the offense. Your record will be changed to show a dismissal rather than a conviction. You are eligible for dismissal of a conviction, and the court will dismiss your conviction, if: You received probation for that conviction and: You successfully completed probation or obtained early release, You also have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence, You are not currently serving another sentence or on probation for another offense, AND You are not currently charged with another offense. You never received probation and: Your conviction was a misdemeanor, It has been at least one year since the date you were convicted, You have complied fully with the sentence of the court, You are not currently serving another sentence, You are not currently charged with another offense, AND You have obeyed the law and lived an honest and upright life since the time of your conviction.

    You are eligible for a dismissal and the court has the discretion (choice) to grant you that dismissal if: You received probation but you did not get an early release, did not fulfill all the conditions of probation, or were convicted of any offense listed in Vehicle Code 12810(a) to (e) BUT: You have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence, AND You are not currently charged with, on probation for, or serving a sentence on any other offense. Its up to the court to decide if your conviction should be dismissed, so make sure to give as much helpful information as possible to convince the court that granting you a dismissal is in the interests of justice. Some Convictions are Not Eligible for Dismissal If you were convicted of any of the following offenses you are not eligible for a dismissal under Penal code section 1203.4(a): Any misdemeanor within the provisions of Vehicle Code section 42001(b).
    Answer Applies to: California
    Replied: 4/7/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    If your asking about Florida cases, convictions cannot be sealed or expunged ("adjudicated guilty"). If you received a withholding of adjudication, however, your case may be able to be sealed. Do you know which it was? But, you can only seal or expunge one case under current law. There is, however, a law that if passed will go into effect on July 1st of this year that is supposed to be making the laws less strict and possibly allowing the expungement of more than one case. Please feel free to contact me directly if you have more questions.
    Answer Applies to: Florida
    Replied: 4/7/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    Expunging a criminal charge in MA is very difficult. You may want look into sealing your record if those are the only two charges on your record.
    Answer Applies to: Massachusetts
    Replied: 4/7/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Expungement depends on level of offense.
    Answer Applies to: Massachusetts
    Replied: 4/7/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Violence does not matter. Two convictions for any kind of crime makes one ineligible for expungement under current Michigan law.
    Answer Applies to: Michigan
    Replied: 4/7/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If misdemeanors, then yes, as long as you have successfully completed probation and am not currently on probation for anything and having nothing pending. If felonies, it is still possible. Contact an attorney for more information.
    Answer Applies to: California
    Replied: 4/7/2011
    The Law Offices of Dustan Neyland
    The Law Offices of Dustan Neyland | Dustan Neyland
    If you have been convicted of an offense, you can't have it expunged. However, if you have been convicted of certain felony offenses, you may be eligible for a "set-aside" which would remove the conviction from your record, but the charged offense would remain.
    Answer Applies to: Texas
    Replied: 4/7/2011
Click to View More Answers:
12 3 4 5 6 7 Free Legal QuestionsConnect with a local attorney