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Misdeamenor Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by devir1, Jul 30, 2003.

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  1. devir1

    devir1 Law Topic Starter New Member

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    I have a misdeamenor on my record that I served probation for and paid restitution back. The charge was dropped down from a felony to a misdeamenor a couple of years ago. how or can I get this removed from my record??? I have lost several jobs due to it and this was my first and only record. Where do i start if I can? I live in Arizona.
     
    Last edited: Aug 8, 2003
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    What do you mean the charge was dropped down? In order to qualify for expungement, if that is what you are seeking, in most states from what I know the crime must not have been a felony. Here's a short list that was posted elsewhere here:

    If you were arrested and either (a) ultimately pled guilty or no contest; AND (b) had adjudication of guilt "withheld" then it is possible to have your record sealed. Sealing criminal history involves two stages (1) adjudication of guilt must have been "withheld", and (2) the offense must qualify for sealing.

    Eligibility sealing or expungement of records will vary from state to state. Generally, the procedure is as follows:
    • Written application to seal record filed with Court
    • Original sentence must have been served
    • Applicant is facing no new charges
    • Note: The applicant faces the burden to prove that any probation requirements have been fulfilled
    Additional Requirements to Seal or Expunge Records:
    • Most felonies not eligible for expungement
    • Most sex offenses not eligible for sealing
    • Sealing typically applicable to juvenile offenses and or misdemeanors
    • If acquitted (found "not guilty" after trial) you can automatically have records sealed
    • Some states permit a prior sealed conviction to be used in sentencing for repeat offenses
     

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