What can I do to have a misdemeanor remove from my background? 41 Answers as of May 23, 2011

What can I do to have a misdemeanor remove from my background?

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

Free Case Evaluation by a Local Lawyer: Click here
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 Richard Williams
Law Office of Richard Williams | Richard Williams
In the State of Alabama, there is nothing you can presently do to have a misdemeanor or any other conviction removed from your record. However, there is an expungement bill pending in the Alabama legislature, that if passed, may allow the conviction to be either sealed or expunged.
Answer Applies to: Alabama
Replied: 4/4/2011
Berlin Law Firm, PLLC
Berlin Law Firm, PLLC | Lee F. Berlin
You will need to have it expunged. Most criminal defense attorneys know how to do one. If you are eligible, it costs around $1250 and that includes the filing fees.
Answer Applies to: Oklahoma
Replied: 4/1/2011
Law Offices of Marshall Tauber
Law Offices of Marshall Tauber | Marshall Tauber
If it is not a traffic misdemeanor or a drug possesion misdemeanor & it is your one and only conviction for anything, then, with the help of an experienced defense attorney, it can be set aside and expunged from your record. There are several steps involved in this process, I do these cases frequently and if you meet the qualification set out aboveI can virtually assure you of success. Call to discuss.
Answer Applies to: Michigan
Replied: 4/1/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
What do you mean by removed from your background? If you mean make it go away be completely erased as if it never appened, including an arrest, nothing. You can obtain an expungement if you qualify. You can follow that with a certificate of rehabilitation and later , depending on the politic at the time, a pardon. However, the existence of the arrest and conviction will remain on your "record."
Answer Applies to: California
Replied: 3/30/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Expungement or a set aside or a previous criminal conviction is something an experienced attorney can assist you with. Hiring an experienced attorney will be your best shot of getting rid of old convictions.
    Answer Applies to: Hawaii
    Replied: 3/30/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    An expungement is the process to seal convictions. Consult an attorney who practices in the jurisdiction where the conviction occurred. Each State has specific laws concerning expungement procedures and requirements.
    Answer Applies to: Kansas
    Replied: 3/30/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need to know more information such as what misdemeanor and whether you have a prior criminal record etc. You can make an application to have a conviction expunged which may or may not succeed depending on te circumstances. You should hire an attorney.
    Answer Applies to: New York
    Replied: 3/30/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This will depend upon your specific charges and the current disposition of your sentence. As a general rule, it is possible to have items expunged (removed) from your criminal record after a sufficient period of time has elapsed. Our firm handles a large number of expungements throughout Louisiana. If you are interested in the possibility of seeking an expungement, contact our firm at the information on this page for a free case evaluation to determine whether or not we would be able to assist you.
    Answer Applies to: Louisiana
    Replied: 3/30/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You need an expungement. You can hire an attorney to do it for you or try to do it yourself by using a packet they have at the clerk's office. If you have successfully completed probation then it should not be a problem. If you are still on probation then it is trickier.
    Answer Applies to: California
    Replied: 3/30/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Unfortunately, there is no way to "remove" a crime from your background. Instead, you can make an application for a Certificate of Relief from Civil Disability, which will be helpful, but it still won't eliminate your criminal record for you in NY. Sorry. But you can at least do that. Speak to a competent lawyer about it.
    Answer Applies to: New York
    Replied: 3/29/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You cannot have a conviction expunged in New York, you can only have it "vacated " if it was improper in some regard or there is new evidence. This is rare, difficult, and expensive and requires a CPL 440.10 motion made to the judge that sentenced you.
    Answer Applies to: New York
    Replied: 3/29/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    It depends. If it is only an arrest, and you were either acquitted or the case was dismissed/dropped, you can have it expunged. If you were convicted, it can only be expunged if it was an MIP or a DWI.
    Answer Applies to: Missouri
    Replied: 3/29/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    In Mobile County, now, we can only have them removed or expunged if provided for by statute, basically if there was a clerical error, and the wrong individual is identified. We used to be able to file motions to expunge that would often be granted to help an individual gain employment. In Mobile County, those days are gone.
    Answer Applies to: Alabama
    Replied: 3/29/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends on the charge. If your misdemeanor conviction was for DUI or a sex offense, it cannot be removed. If you Google the Washington State Courts web site and click on forms, criminal, there is a printed guide to vacating misdemeanors. Otherwise, please give me a call and I can explain the procedure to you.
    Answer Applies to: Washington
    Replied: 3/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can file to have it expunged if you only have one conviction on your record. You can file for expungements yourself or you can hire a lawyer to help you through the process. Feel free to contact us for further information. Best of everything.
    Answer Applies to: Michigan
    Replied: 3/29/2011
    Law Office of Cotter C. Conway
    Law Office of Cotter C. Conway | Cotter C. Conway
    In Nevada, if it has been two years since your release from actual custody or your discharge from the obligations under a suspended sentence, then you may petition the court for the sealing of all records relating to the conviction. The only exception would be if the misdemeanor was a DUI or a Domestic Battery - then the statutory time period would be 7 years. Most states have similar statutory remedies for the sealing or expungement of prior convictions. Contact me for a free consultation.
    Answer Applies to: Nevada
    Replied: 3/30/2011
    Tracy L Henderson, Attorney at Law
    Tracy L Henderson, Attorney at Law | Tracy L. Henderson
    You could file a PC 1203.4 petition if you have completed the terms and conditions of probation and are not charged with any offense currently.
    Answer Applies to: California
    Replied: 3/30/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Many felony and misdemeanor 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 sex and Domestic Violence crimes, 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 plea or 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: 3/30/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    There is a process in most states that a person can go through to remove old convictions. Usually it is called "expungement" or "expunction." You can go through a series of steps to apply to the court to have the conviction removed from your record and sealed. Not all convictions are eligible to be expunged. For example, in Oregon where I practice, traffic crimes like DUII are non-expungeable. Time limits also often apply. You will need to consult an attorney where you live to find out if the misdemeanor conviction you want removed is expungeable or not.
    Answer Applies to: Oregon
    Replied: 3/30/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    You can get it expunged from your record if it is your only offense.
    Answer Applies to: Ohio
    Replied: 3/30/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    It depends on whether it was a conviction or not. Only a select few crimes that lead to conviction are eligible for expunction. If the case was dismissed and it is the first time you are asking for an expunction, it should be granted. There is no real alternative besides an expunction to remove crimes from your record.
    Answer Applies to: North Carolina
    Replied: 3/30/2011
    NOLA Criminal Law
    NOLA Criminal Law | Townsend Myers
    If you are eligible, you can file a motion to have a misdemeanor conviction expunged. If it is expunged, it will not appear on your public record. You can do thus yourself, or you can contact am attorney to help you.
    Answer Applies to: Louisiana
    Replied: 3/30/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    You could try to seal your record. You can also try to expunge the charge, but that is very difficult to do in Mass.
    Answer Applies to: Massachusetts
    Replied: 3/30/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Only certain cases can be sealed- ones that are completely dismissed or minor drug offenses over ten years old. Forms and instructions are on the Colorado Judicial branch website - pull down the forms tab, then 'criminal'.
    Answer Applies to: Colorado
    Replied: 3/30/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    You can petition the court for an expungement pursuant to Penal Code Section 1203.4. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 3/28/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    The answer depends on several factors including: 1) What was the charge? 2) How long ago did it occur? 3) Have you had any prior offenses since that time? 4) Are you still on probation? Feel free to give me a call so we can discuss your options.
    Answer Applies to: Washington
    Replied: 3/28/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    It depends on if it is a Class A misdemeanor or Class B. Depending on which it is, you have to wait a certain amount of time and then file for such. Give us a call, we offer free consultations in Ogden and Salt Lake City.
    Answer Applies to: Utah
    Replied: 3/28/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Depends on the misdemeanor. Many, but not all, misdemeanors can be expunged. See ORS 137.225. If yours is expungeable, an attorney can do it; it's not usually complex or expensive. Maybe you can do it yourself, some county courthouses have forms.
    Answer Applies to: Oregon
    Replied: 3/28/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    In order to get any charge sealed and/or expunged which is what I believe you are asking to do, you must first have not been adjudicated guilty of the charge. If you were adjudicated guilty you cannot get it removed.
    Answer Applies to: Florida
    Replied: 3/28/2011
    Crippen & Cline, LC
    Crippen & Cline, LC | Stephen Howard
    Expungement may be a possibility for you. Each state has its own requirements for eligibility. You should contact a criminal defense attorney in your local jurisdiction. Many defense attorneys offer free initial consultations.
    Answer Applies to: Utah
    Replied: 3/28/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You must first successfully complete probation, then you become eligible to file a petition to expunge the conviction. Contact an attorney regarding the expungement petition.
    Answer Applies to: California
    Replied: 3/28/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Every state is different. There is no expungement is Alabama.
    Answer Applies to: Alabama
    Replied: 3/28/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    You can try to expunge your record. This is a very routine process for many defense attorneys and is fairly inexpensive.
    Answer Applies to: California
    Replied: 3/28/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If you have only one conviction of any kind, ever, and it's not a driving misdemeanor, you can move to set aside the conviction. Click on the link to the left to call and discuss your matter.
    Answer Applies to: Michigan
    Replied: 3/28/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Depending on the charge, you may be able to get the conviction expunged (which means dismissed). There is more information on what an expungment means and what it does and doesn't do on my website. I handle expungments for DUI's and other types of criminal convictions. If you would like to discuss it in further detail, please feel free to contact me as I can assist you in this process.
    Answer Applies to: California
    Replied: 3/28/2011
    The Law Offices of Dustan Neyland
    The Law Offices of Dustan Neyland | Dustan Neyland
    You can expunge any misdemeanor case that has been dismissed or found not guilty. You can seal certain misdemeanor offense where you have completed a deferred adjudication. You can hire a lawyer to do this for you.
    Answer Applies to: Texas
    Replied: 3/28/2011
Click to View More Answers:
12 3 4 5 6 7 Free Legal QuestionsConnect with a local attorney