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Misdemeanor expunge Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by crhoads1024, Aug 15, 2003.

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  1. crhoads1024

    crhoads1024 Law Topic Starter New Member

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    How do I go about getting a misdemeanor battery charge expunged from my record? I have completed my probation and paid all fines. I need to know if I can get it expunged and how to go about it.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Expungement law and procedure depends upon the state. The following has been posted before and are general guidelines to the laws that apply to most states.

    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
     
  3. spanishfly

    spanishfly New Member

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    Expunge

    I have a felony charge, that was dropped to a misdemeanor, to which I pled guilty. Charge was petty larceny for which I made restitution ... all of this was over 10 years ago. How would I go about getting this expunged from my record? And would it qualify? Thanks
     
  4. Wreakon

    Wreakon New Member

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    Expungement Sealing

    Generally if you want a clean record you want expungement.

    I am not a lawyer but I have studied the laws concerning this. If you "seal the record" your criminal record will show some vague info such as the case # and specify that the case has been sealed; which is not really 'cleaning' your record.

    An expunge is designed to act as a way of returning the person's standing to being such that he was before the item appeared on his record, and an expunge is desirable.

    But before we get there let me clarify something, there are 2 types of records! In fact numerous agencies hold their own records and completely deleting this may be impossible, though at least you can probably get your employers from seeing the record, two most common agencies that hold this record you speak of is the:

    1.) District Court. "Criminal Justice Record"
    2.) State-wide police agency. "Law Enforcement Record"
    3.) FBI & etc.

    And there are two different sets of rules and procedures about how to go about to sealing or expunging these records. Which records an employer would check depends on how meticulously they do their homework, and I would *guess* that it is the "Law Enforcement Record."

    That is good because you cannot expunge/delete a District Court record. Period; and getting a seal on it is not easy either.

    In order to expunge/delete the "Law Enforcement Record" you must wait 3 years after since the date of arrest. If you were convicted (found guilty) or your case was dismissed, you must get the court to "vacate your conviction" before you can expunge this record.

    These are the laws in Washington, hopefully this gives a perspective.

    EDIT: BTW, check your record and see if it contains anything, you cant do much with your District record since sealing will still leave a glaring "RECORD SEALED" which isn't really helpful. Although some local police agencies may not file a record at all! They are generally require a fingerprint to file a record; if you were arrested and fingerprinted, then you probably got a record.

    Don't take what I said too seriously; I am not a lawyer and maybe there are other ways out, feel free to do your own research or talk to a lawyer.
     
    Last edited: Jan 25, 2004

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