How do I clear a twelve year old misdemeanor off my record? 64 Answers as of July 03, 2013

How do I clear a 12 year old misdemeanor off my record? It was for abuse back in 1999. I am applying for a new job and need this off my record to be hired.

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DeVito & Visconti, PA
DeVito & Visconti, PA | John E DeVito
A misdemeanor is subject to sealing in Massachusetts 10 years from the date the case is closed. If your case is 12 years old you have a right to petition the Commissioner of Probation to seal your record. There are forms to be filled out and submitted. To expedite the process you can hire an attorney to assist you in the process. The cost is not excessive as there are no court appearances involved. An attorney who does this can process the petition in about 2 or 3 weeks.
Answer Applies to: Massachusetts
Replied: 11/22/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You can hire an attorney to try to expunge it but it is not easy in NY.
Answer Applies to: New York
Replied: 11/16/2011
Law Offices of Kate Mesic, PA
Law Offices of Kate Mesic, PA | Kate L. Mesic
It depends on whether or not you were adjudicated guilty. I am not sure specifically what charge you are referring to, but Florida statutes 943.0585-943.059 outline the charges that qualify for a sealing and expungement respectively. Remember it is a case by case analysis, and to be eligible for a sealing, you must have never been adjudicated guilty, even of a criminal traffic offense, and have never had your record sealed or expunged. If you get a record sealed, in 10 years you can apply for an expungement.
Answer Applies to: Florida
Replied: 11/15/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
An expungement will seal your record from potential employers record checks.
Answer Applies to: Kansas
Replied: 11/14/2011
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Unfortunately, in New York State you cannot have a misdemeanor crime expunged from your record. Therefore even if the crime was committed 12 years ago, it will permanently remain on your record if employers do decide to do a criminal background check on you. 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.
Answer Applies to: New York
Replied: 11/14/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If your misdemeanor meets the requirements of the code section and you meet all the requirements then you can petition for an expungement. This is of limited help on some crimes and if you have a reporting condition expungement will not eliminate that requirement. Contact an attorney with all the facts for a free consultation on this to see if you qualify for an expungement.
    Answer Applies to: California
    Replied: 11/14/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    You should consider hiring an attorney to file a Motion For Expungement. This needs to be filed in the jurisdiction where the offense occurred. You are eligible if you have this as your only conviction. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 11/14/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If that is the only conviction of any kind on your record (including juvenile adjudications and misdemeanors) then you should be eligible to apply to have it set aside or expunged. Contact our office for more information.
    Answer Applies to: Michigan
    Replied: 11/14/2011
    Buselmeier Law & Associates, PA
    Buselmeier Law & Associates, PA | Theodore W. Buselmeier
    It may be expunged by petitioning the court for expungement.
    Answer Applies to: Minnesota
    Replied: 7/3/2013
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    You may be able to have it expunged. The DA and judge would have to approve it.
    Answer Applies to: Louisiana
    Replied: 11/11/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    You need it expunged (called a "1203.4 Petition"). Talk to an attorney. It might be a little more complicated since the case is so old. Sometimes local courts destroy their files after about 10 years or so. This means that the records relating to your case are probably only held in the Department of Justice in Sacramento.
    Answer Applies to: California
    Replied: 11/11/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    First, you have to find out if you are eligible. This depends mainly on the outcome of your case and the outcome of any other cases you may have in Florida or any other state. First, you must never have been convicted of a crime in Florida or elsewhere. Second, you must never have sealed or expunged a record before, in Florida or elsewhere. Finally, you cannot currently be under any type of court supervision. If you meet these requirements, you may be able to seal or expunge.
    Answer Applies to: Florida
    Replied: 11/11/2011
    Law Office of Hieu Vu
    Law Office of Hieu Vu | Hieu N Vu
    It depends on which court you are in. Every court is different. Go to the clerk they will get you the right docs then you fill them out and serve them on the prosecuting agency. Sometimes the prosecuting agency are the DA or city prosecutors. Which court is this? Some courts will take up to 4-6 months like LA and some courts in will take 15 days like Fullerton.
    Answer Applies to: California
    Replied: 11/11/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    Not every criminal conviction is expungeable. I would need to know the section of the criminal code you were convicted under before I could give you a full answer to this question. In general though in New Jersey lower level crimes are called Disorderly Persons Offenses, not misdemeanors, and you can apply for an expungement of your conviction five years after you complete your sentence. It is a very involved process and I would not recommend that you attempt it without first talking to a laywer in person about what it involves.
    Answer Applies to: New Jersey
    Replied: 11/11/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    You need to file a petition for expungement in the county where the offense occurred. Whether it is granted or not is dependent on several factors, such as steps taken since the offense to show rehabilitation, good behavior, losses suffered because of the convcition, etc.
    Answer Applies to: Minnesota
    Replied: 11/11/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The only way to "clear" a past conviction is "expungement". This is a discretionary decision to be made by the court in which the original conviction occurred. The court needs to determine whether the benefit to you outweighs the detriment to society. No one can guarantee the outcome of such a request. You could also seek a pardon from the "Governor's Pardon Board". This does not hide the original conviction from discovery by potential employers but does show that the Board was sufficiently impressed by your efforts since the conviction to recommend favorable treatment. Again, there are no guarantees that you will be considered deserving of such a pardon nor is there a guarantee that, if you are pardoned, an employer might still choose to look at you unfavorably.
    Answer Applies to: Minnesota
    Replied: 11/11/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    If the case was dismissed, you might qualify for expungement. If there was a conviction, you will not qualify.
    Answer Applies to: Georgia
    Replied: 11/11/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    You may move to seal or expunge one case in a lifetime off of your record.
    Answer Applies to: Florida
    Replied: 11/11/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    You don't. You can't expunge a conviction in Georgia.
    Answer Applies to: Georgia
    Replied: 11/11/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    VA generally does not allow for removal of adult convictions from your record.
    Answer Applies to: Virginia
    Replied: 11/11/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If it can be expunged it would be by filing a motion with the count where the conviction was. There is statute in Michigan governing expungement and both the statute and court rules would have to followed.
    Answer Applies to: Michigan
    Replied: 11/11/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You can expunge the misdemeanor.
    Answer Applies to: Washington
    Replied: 11/11/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    If it was dismissed, you can have it expunged by filing a lawsuit in civil district court. If you successfully completed a deferred, then you can file a petition for nondisclosure to seal the record. If it was a final conviction, it stays.
    Answer Applies to: Texas
    Replied: 11/11/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    Usually misdemeanors can be expunged after this much time. The rules for expungement can be found a the state court website in your area. Some states may have special rules for domestic violence if this applies in your case.
    Answer Applies to: Utah
    Replied: 11/11/2011
    Law Office of Wayne I Novak | Wayne Novak
    You may be able to expunge it off your record. However, first and foremost you must have had the case either dismissed or received court supervision for it, if not it is not expungeable.
    Answer Applies to: Illinois
    Replied: 11/11/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were convicted of the offense, you cannot get it expunged, no matter how far back it goes. You do not specify what type of abuse this was. Some cases can be sealed, whereby emplyers and other lay people cannot view your record. You should check with the Clerk of the Court in the county where the matter was heard, to see if you qualify for a seal. Otherwise, you can petition the governor for az pardon, but don't expect to be granted it.
    Answer Applies to: Illinois
    Replied: 11/11/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    If the charge is a conviction, you cannot get it off your record - ever. Convictions are permanent. If a motion to reconsider the sentence was filed in a timely manner, there is a chance the conviction could be removed. Look at the docket entries for your case.
    Answer Applies to: Maryland
    Replied: 11/11/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Contact an attorney regarding expungement. As long as you are not currently on any probation and have no criminal case(s) pending, you are eligible. Hire a lawyer to file the petition for you and conduct the expungement hearing.
    Answer Applies to: California
    Replied: 11/11/2011
    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: 11/11/2011
    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 inthe Alabama legislature, but it is yet to pass.
    Answer Applies to: Alabama
    Replied: 11/11/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    You can't completely remove it from your record, but you can seek a dismissal under Penal Code section 1203.4. It is commonly called an expungement, but it doesn't truly expunge anything. It adds a notation that your case was dismissed. That will allow you to tell most private employers that you were not convicted of that crime. There are a few exceptions, but the dismissal is the best you can do under current California law. A local criminal defense attorney can assist with this for a reasonable fee. Yes, you can try this on your own, but an attorney can probably do it quicker and get your case dismissed faster than you could if the timing is important for your new job.
    Answer Applies to: California
    Replied: 11/11/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You cannot ever remove this from your record. There are things you can do to improve its appearance such as asking the court to dismiss it per 1203.4 and then seek a certificate of rehabilitation [necessary step to a pardon].
    Answer Applies to: California
    Replied: 11/11/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Typically a criminal record can be a great impediment to employment. Most employment applications require a disclosure on criminal convictions. Following an expungement of a criminal conviction you are allowed to declare you have not suffered a conviction on most applications. However, there are exceptions, consult with an attorney.
    Answer Applies to: California
    Replied: 11/11/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Do you have any other convictions on your record? If not then you can get it expunged. Also if you have no more than two other misdemeanor conviction with a maximum sentence of 90 days that happened before your 21st birthday, then you could get it expunged.
    Answer Applies to: Michigan
    Replied: 11/11/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If you meet the qualifications to have a misdemeanor vacated and dismissed, you can petition the court for that relief. At the same time, you can regain your firearms rights.
    Answer Applies to: Washington
    Replied: 11/11/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    You go to the court where it occurred and have it expunged. Generally, this can be done through the clerk's office.
    Answer Applies to: California
    Replied: 11/11/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You need to get the conviction expunged. You can actually do this yourself (there is a packet in the clerk's office) but it is obviously better to have the help of an attorney.
    Answer Applies to: California
    Replied: 11/11/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    We need to know your record and what the conviction was.
    Answer Applies to: Washington
    Replied: 11/11/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Annulments are governed by 651:5 certain offenses are not permitted to be annulled.
    Answer Applies to: New Hampshire
    Replied: 11/11/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    You have to do an expungement. Contact an attorney who specializes in expungements and he/she will advise as to the process.
    Answer Applies to: New Jersey
    Replied: 11/11/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Unlike other states, there is no expungement statute in New York. You can make a motion to set aside the underlying conviction but absent new evidence or some constitutional violation claim they are rarely successful. They are also costly and take a very long time. Your best bet is to contact your state and local politicians and recommend they pass a new law. There are a lot of people like yourself who can use it.
    Answer Applies to: New York
    Replied: 11/11/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    You can hire an attorney to file a 1203.4 motion on your behalf. If you have successfully completed the terms of your probation and have had no subsequent arrests or convictions, your request will likely be granted.
    Answer Applies to: California
    Replied: 11/11/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    If it was a conviction, it stays.
    Answer Applies to: Colorado
    Replied: 11/11/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    It matters if you have any other criminal convictions.
    Answer Applies to: Michigan
    Replied: 11/11/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You can only get it off your record if it was dismissed, you successfully completed deferred adjudication or you were found not guilty by a jury.
    Answer Applies to: Texas
    Replied: 11/11/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It depends, were you convicted or put on deferred, or what? What was the charge? If you were on deferred, never convicted, then non-disclosure is most likely an option (there are exceptions) but if you were convicted, then it is much more difficult and depending on the local DA policy, it may be impossible.
    Answer Applies to: Texas
    Replied: 11/11/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The simple answer is that you probably cannot. 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 overriding 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 administrative records. Administrative agencies generally are the places 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: 11/11/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    You can't get it off your record. You can have it dismissed but it will still be on your record.
    Answer Applies to: California
    Replied: 11/11/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    An attorney will be able to advise you on what the remedy is for your specific case, provided you meet the eligibility criteria. Usually it is a 1203.4 motion. There are limits on what this will do for your record, so discuss that with counsel. It is always better to get an expungement than not.
    Answer Applies to: California
    Replied: 11/11/2011
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    There is a process in most states, including California, to remove a misdemeanor or felony conviction from your public record. It is only available if you have successfully completed the terms of your probation and have not been convicted of any new misdemeanor or felony charge. The process is referred to as an "expungement" but is actually a dismissal under Penal Code Section 1203.4.
    Answer Applies to: California
    Replied: 11/11/2011
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    Hire a lawyer to file for an expungement of both your conviction and arrest.
    Answer Applies to: Kansas
    Replied: 11/11/2011
    The Law Office of Marc G. Snyder | Marc Gregory Snyder
    The ultimate disposition in this matter would determine the process for clearing this off of your record. It is possible to have some cases expunged in Maryland, but there are a lot of qualifying factors that without specifics are difficult to explain in this format.
    Answer Applies to: Maryland
    Replied: 11/11/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    New York State does not have an expungement statute. Once you have a criminal record it will last forever and cannot be removed. If there was something illegal about the conviction or there is new evidence of innocence you can retain an attorney to make a 440.10 motion to vacate the conviction. That is a rare and expensive motion that requires the proper grounds to be successful.
    Answer Applies to: New York
    Replied: 11/11/2011
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