Do I qualify for a record expungement of a misdemeanor if it happend 10 years ago? 61 Answers as of June 02, 2013

I was charged with assault almost 10 years ago having a hard time finding employment. The only thing on my record before and after abusive relationship. I just hit back and told the truth. I obey the law always and have until this one time. How can I qualify for record expungement misdemeanor?

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Reza Athari & Associates, PLLC | Seth L. Reszko
Yes. You have a right to expunge your record at this time.
Answer Applies to: Nevada
Replied: 12/14/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
There is no set factor for expungement which is difficult to do in NY, but you should hire an attorney to try to expunge it.
Answer Applies to: New York
Replied: 12/7/2011
Michael Edwards, Attorney at Law
Michael Edwards, Attorney at Law | Michael Edwards
Go to the Bureau of Criminal Identification, 3888 West 5400 South, Salt Lake City and apply for a certificate of eligibility for expungement. If you qualify, they will eventually provide that to you. Once you have that certificate, you can either hire an attorney to do the expungement paperwork for you, or you can go to: www.utcourts.gov, and look in the forms database, and do the expungement paperwork yourself. I will caution you that it is a bit technical, and can be difficult on your own. But it will save you money. Either way you go, you must obtain the certificate of eligibility for expungement yourself. No one can do that for you. Good luck!
Answer Applies to: Utah
Replied: 12/5/2011
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.
Answer Applies to: Michigan
Replied: 12/1/2011
Law Offices of Kate Mesic, PA
Law Offices of Kate Mesic, PA | Kate L. Mesic
It is not clear from your record, if this resulted in a conviction. If it did and you were adjudicated, you will not be able to get it sealed or expunged. On certain crimes, you can apply for a sealing of the record, if there was a withhold of adjudication. The first step would be to get records from the court and see exactly what happened than figure our if you qualify for either sealing or an expungement.
Answer Applies to: Florida
Replied: 12/1/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes, a misdemeanor would be expungeable.
    Answer Applies to: Kansas
    Replied: 12/1/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If this is your only conviction ever, under Michigan law you can get an expungment. You have to file a petition with the court where the incident happened and it is in the discretion of the judge or their successor whter to grant the expungment. An attorney can help you through the process.
    Answer Applies to: Michigan
    Replied: 12/1/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Since the offense is over 5 years old you could file a motion with the court where the matter was pending asking the court to expunge your record. The motion would have to comply with all applicable laws and court rules.
    Answer Applies to: Michigan
    Replied: 12/1/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You may. As long as you are not currently on probation for anything else and have nothing criminal pending, you are eligible. Contact an attorney to file the petition for you and conduct the expungement hearing.
    Answer Applies to: California
    Replied: 12/1/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Yes its possible to file a petition for expungement to seal the courthouse file. You will need to convince the court that the need to obtain employment outweighs the public need to know about your past. The court has no power to seal police records or bca records when there is a conviction, only when a case is resolved in your favor by an acquittal or continuance for dismissal.
    Answer Applies to: Minnesota
    Replied: 12/1/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    File the court form. The criminal clerk of court can give you a copy or you can find one online.
    Answer Applies to: California
    Replied: 12/1/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    What was the result of the case? If adjudication was withheld it can be sealed, and if it was dismissed, it can be expunged (assuming, that is, that you meet all other eligibility requirements).
    Answer Applies to: Florida
    Replied: 12/1/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I am sorry to be the one to tell you that there is no expungement in the State of New York.
    Answer Applies to: New York
    Replied: 11/30/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The code section in California lays out the qualifications for expungement. 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 new 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. If you qualify then it can be expunged.
    Answer Applies to: California
    Replied: 11/30/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Probably, but expungement is not an erasure of the arrest and conviction. Might be a good place to start. Might want to do a certificate of rehabilitation.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Yes, maybe. You must fulfill all the requirements of Wyoming Statute Sec. 7-13-1501. Refer to this statute. It sounds like you qualify. speak with an attorney to file your expungement petition, it requires a DA's consent. They are not likely to take your phone call.
    Answer Applies to: Wyoming
    Replied: 11/30/2011
    Law Office of Wayne I Novak | Wayne Novak
    It depends on your circumstances, if it was a conviction then no you cannot have it expunged.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were convicted for the offense, and sentenced to anything but supervision, (in Illinois), you cannot get this erased, however, you can possible get it sealed whereby schools and employers wouls not know of it. Of course, if found not guilty, got deferred prosecution, or had the case dropped before a trial, these outcomes cn be grounds to expunge your record. See the Clerk of Court in the county where the case was held for more information.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Yes, as long as you completed your probation without a violation. File a 1203.4 form.
    Answer Applies to: California
    Replied: 11/30/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Georgia's expungement statute does not provide for expungement of a criminal record after the person has been found guilty or has pled guilty to the offense.
    Answer Applies to: Georgia
    Replied: 11/30/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Not if it was a conviction. If it was dismissed, no billed, not guilty, or successful completion of deferred then you can have it expunged or sealed.
    Answer Applies to: Texas
    Replied: 11/30/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If it is a Washington conviction, there is a fairly simple procedure you can follow to have your misdemeanor vacated and dismissed. Our firm does that kind of work. In the alternative, you can go on line to the Washington Courts website and search "forms" "Criminal" and you will find written instructions there.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 6/2/2013
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You probably qualify for an expungement.
    Answer Applies to: New Jersey
    Replied: 11/30/2011
    Rudolph A. Serra, Attorney
    Rudolph A. Serra, Attorney | Rudolph A. Serra
    If you have only one criminal conviction and it is more than 5 years old, then you can ask to have it set aside. There is no "right" to have a conviction set aside but it is a privilege that the judge can grant. Based on what you said, you qualify. There are forms available on line to request that a conviction be set aside but the assistance of a lawyer is recommended. Your request can include letters of support from community leaders and evidence that you are "giving back" through charitable or community service activity.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If that is your only record for criminal convictions, I think you would qualify for expungement under the statute. Its fairly tricky, but I have been 100% successful in obtaining them once a person is qualified.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Yes - you only need 5-years for a misdemeanor.
    Answer Applies to: New Jersey
    Replied: 11/30/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Not if it was a Domestic assault.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    You have to talk to the District Attorney. In Calcasieu Parish the person to talk to is Larry Regan.
    Answer Applies to: Louisiana
    Replied: 11/30/2011
    bark & karpf
    bark & karpf | peter bark
    There is no law in new York that allows criminal conviction records to be expunged.
    Answer Applies to: New York
    Replied: 11/30/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Everyone "qualifies" for expungement if the court chooses to exercise its discretion and grant the person's petition. Your situation may well improve your chances of convincing the court to use that discretion. You need to get your request before the court in which your conviction occurred. The lack of severity of the offense, the age of the offense and the effect of the conviction on your attempt to find employment will all work in your favor.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no expungement law in the State of Alabama. There has been, in the past, an expungement bill pending in the Alabama legislature.
    Answer Applies to: Alabama
    Replied: 11/30/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    You are eligible to apply for an expungement since more than five years have passed.
    Answer Applies to: New Jersey
    Replied: 11/30/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    You do not qualify if the Misdemeanor charge was a conviction unless you are over 70 y.o. . You might be able to get a Governor's Pardon for your conviction.
    Answer Applies to: Pennsylvania
    Replied: 11/30/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Yes you can by retaining an attorney or by going to the Clerk's office and asking them for a package to get it done with all the forms.
    Answer Applies to: Florida
    Replied: 11/30/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    If you successfully completed probation without any violations and you don't have any other open cases, it sounds like you're probably eligible for a 1203.4 Petition (commonly called an "expungement"). You can get the forms online or at the local courthouse, but you might want to consult an attorney to help you with the process.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    A conviction cannot be expunged in Maryland. If you received a probation before judgment (PBJ) then your case may be eligible for expungement. If you did not receive a PBJ your lawyer may have filed a motion to reconsider your sentence. If that motion is still pending, you might still be able to get a PBJ. Otherwise, the situation is much more complicated. You would need an attorney to sort it out.
    Answer Applies to: Maryland
    Replied: 11/30/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You likely qualify unless charged as violent offense, see RSA 651:5 for list of excluded offenses and rules. You can also do yourself or with a lawyer, beware if you make mistakes you must wait three more years.
    Answer Applies to: New Hampshire
    Replied: 11/30/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I don't know what state you are in. Each state may have somewhat different laws in this regard. I also don't know enough about your assault conviction. Generally, crimes of violence against persons are not subject to expungement. You should really consult with a local attorney who can review your entire matter and more effectively advise you.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    New York State does not have an expungement statute. That's why you should retain a good criminal attorney to get the best possible disposition and try to prevent getting a criminal record. If you used a public defender and he just plead you guilty there is nothing you can do unless the plea was illegal or improper in some way. If that is the case you can make a 440.10 motion to vacate the conviction, but that is rarely granted and will cost about $5,000. You will always have a criminal record and find it difficult to get a job, but that does not prevent you from starting your own business.
    Answer Applies to: New York
    Replied: 11/30/2011
    Matthew Cameron Attorney at Law
    Matthew Cameron Attorney at Law | Matt Cameron
    You are eligible to request that the court seal your misdemeanor record be after 10 years, so this is worth considering. If you truly do not believe that you were guilty of the crime to which you entered a plea (and, perhaps just as importantly, if the charge arose during the course of an abusive relationship), you may also have the option to seek to withdraw the plea entirely so that it does not appear on your record in any form. Either way, this is worth consulting with an attorney to further explore the benefits and drawbacks of each option.
    Answer Applies to: Massachusetts
    Replied: 11/30/2011
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Were you convicted of assault or did your receive supervision? If it were supervision, you can expunge. If you were convicted you might be able to have it sealed. Contact a competent criminal attorney in Illinois for assistance.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    Ascheman & Smith | Landon Ascheman
    Based on the information you provided, you would not qualify for a statutory expungement. But don't worry, that's not your only option. You could also apply for an expungement under the inherent authority of the court. This type of expungement is much harder to obtain, and if not done correctly, can still leave the assault on your background checks. I would strongly encourage you to have an attorney assist you in getting an expungement under the inherent authority.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    As long as that is the only charge on your record of any kind, you can apply to have it set aside or expunged. I would recommend seeking out an attorney that does expungements to assist you.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Pascher Law Firm
    Pascher Law Firm | Sonia Pascher
    Yes, it is possible to have the record expunged on a misdemeanor. It is a petition that must be filed in court along with a filing fee. It may require oral argument depending on your record after the conviction.
    Answer Applies to: California
    Replied: 11/30/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The only situation for people who were over 18 when charged with offenses to be able to seal a record is when it is completely dismissed - which can occur in several ways including after successfully completing a deferred sentence - is that how your case was resolved? If so, you may be able to seal it by using the forms at: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=34.
    Answer Applies to: Colorado
    Replied: 11/30/2011
    The Law Offices of Leifert and Leifert
    The Law Offices of Leifert and Leifert | Brian Leifert
    Depends on the result of the case. If the adjudication was withheld, and the case was non-domestic related, you most likely qualify for a records seal.
    Answer Applies to: Florida
    Replied: 11/30/2011
    The Umansky Law Firm
    The Umansky Law Firm | William D. Umansky
    If the charge was dropped and you have no prior convictions then yes you are eligible to expunge your record.
    Answer Applies to: Florida
    Replied: 11/30/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes you need to file what is called a 1203.4 motion. An attorney can assist you with this.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    If you complied with the terms of probation and did not suffer a violation of probation then yes you are entitled to have the conviction expunged. Technically it will be dismissed. However law enforcement and the district attorney will still be able to see it but potential employers will not be able to see it.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    You may indeed qualify, so long as you completed the terms of probation and have picked up no new cases.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    You are absolutely eligible for a dismissal under Penal Code section 1203.4 (commonly called an expungement). It won't erase it from your record, but it adds a notation that it was dismissed and will not have to be disclosed on most job applications (there are some exceptions for government positions and for licensing). You can do this yourself, but a local criminal defense attorney can do it quite efficiently.
    Answer Applies to: California
    Replied: 11/30/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    As long as you have completed probation you are eligible to petition for the charge to be expunged. Whether it is granted or not and who's records would subject to it is dependent on several variables.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    You can petition to seal this but not expunge it. You need to get a certified copy of your Scope sheet or criminal record from Metro Police Records.
    Answer Applies to: Nevada
    Replied: 11/30/2011
    Frankel & Cohen | Scott Jay Frankel
    If you have never been convicted of an offense, you may expunge your record. If your misdemeanor resulted in a conviction (as opposed to supervision), expungement is not available. However, you can still file a clemency petition before the Governor.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    The current state of Massachusetts law regarding the sealing of a misdemeanor record permits and administrative sealing to the Office of the Commissioner of Probation 10 years from the date the case is closed. As of May 2012 the time frame for an administrative sealing of an misdemeanor will be reduced to five years. In either event it appears that you are in a position to seal your record no later than May of 2012.
    Answer Applies to: Massachusetts
    Replied: 11/30/2011
    Baner and Baner
    Baner and Baner | Jonathan Baner
    Nothing is automatic in expungement. A 10 year misdemeanor is probably a very good candidate however, so you should be fine especially if you do not have subsequent criminal history.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Unlike other states, New York does not currently allow for the expungement of criminal records except in rare drug treatment pleas. I would recommend you join one of the many online petitions like the one I started encouraging legislators to pass a law to help you and others like you.
    Answer Applies to: New York
    Replied: 11/30/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Probably. The "annulment" period for a misdemeanor is three years following completion of all terms of the sentence. Sounds like you are eligible.
    Answer Applies to: New Hampshire
    Replied: 11/30/2011
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