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What Is Misdemeanor Expungement?
Misdemeanor expungement is the process by which misdemeanor charges may be sealed, or in some cases, permanently erased from one’s criminal record. Depending on the severity of the case, as well as the individual laws of each state, most misdemeanors can be expunged. Misdemeanor expungement is commonly used in connection with juvenile records. Some states automatically expunge juvenile records once the defendant reaches 18 years of age. A misdemeanor is generally defined as a less serious crime that is punishable by a monetary fine or a sentence of less than one year in jail.
Expungement also goes by many names, including:
- “Setting Aside a Conviction”
- “Petition for Dismissal”
- “Record Sealing”
What Are Some Misdemeanors That Are Commonly Expunged?
The laws on misdemeanor expungement frequently change, and in nearly every state. For example, the state of Illinois has recently enacted laws which allow expungement of “minor in possession of alcohol” charges. Some common misdemeanors include:
- DUI and Traffic misdemeanors
- Simple theft crimes
- Non-violent crimes
- Resisting arrest
However, depending on the laws of the state, expungement may not be available for certain misdemeanors. Many misdemeanors are very close in nature to felony crimes. These can include misdemeanors such as DUI cases involving a serious injury of another party. These misdemeanors are known as “wobblers” and can either be treated like a felony or a misdemeanor. Most felonies are not expungeable, and many of these wobblers may not be expunged in some states.
What Are the Requirements for Misdemeanor Expungement?
In order to be eligible for misdemeanor expungement, you must first apply for the expungement in writing with the proper court. Misdemeanor is not always automatically granted and should be specifically requested. Expungement laws may vary by state, but generally the applicant is required to:
• Fulfill a waiting period (usually 1-3 years after discharge from jail or paying fines)
• Have no more than a specific number of prior charges
• Serve or fulfill the terms of the original sentence
• Have no pending proceedings
• Complete probation without any incidents or violations
What Can Misdemeanor Expungement Not Accomplish?
While misdemeanor expungement can help to clear or seal one’s criminal record, there are certain measures that it cannot accomplish. Including:
Finally, some misdemeanor crimes are classified as “priorables”. A priorable is a crime that can be used to increase the severity of the sentence for future related crimes. For example, most DUI convictions can be used as a prior, meaning that any additional DUI charges will be punished more severely due to the first offense.
If a priorable misdemeanor has been expunged, it will still be deleted from the person’s record. However, convictions for similar crimes in the future may lead to an enhanced conviction, even if the priorable was already expunged.
Do I Need a Lawyer for a Misdemeanor Expungement?
Misdemeanor expungement can be a very powerful resource for those who are eligible for it. Having a clean record can lead to other benefits, such as increased chances of obtaining employment or housing. However, the laws on misdemeanor expungement vary widely by state and according to the type of misdemeanor. You should contact a criminal defense lawyer if you need advice on how to get your record expunged. An experienced attorney can work with you and advise you on misdemeanor expungement in your state.
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Last Modified: 08-13-2014 10:02 AM PDT
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