Can I get two misdemeanors erased from my record so that future employers cannot see it?

Question

If I have two misdemeanors, is there any way I can get these set aside so that future employers can't see them on my record?

Michael Palumbo · Answer

Yes you can retain our office to make a motion for relief from disability.

Jules N. Fiani · Answer

No.

Steven D. Dunnings · Answer

No.

Jacob P. Sartz · Answer

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, a person may expunge only one prior conviction and they can only have "no more than 2 minor offenses in addition to the offense for which the person files an application." MCL 780.621(1). 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.

Seth Schraier · Answer

Unfortunately, misdemeanor convictions cannot be expunged.  However, 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.  Here is a partial list of employers in New York State who are allowed by law, to send for your rap sheet from DCJS or the FBI:  Public employers (federal, state, local government agencies, all law enforcement agencies), Child care agencies, Hospitals, Museums, Home health care agencies, Financial institutions (such as banks and brokerage houses), Schools and companies hiring school bus drivers and school bus attendants.

Matthew McHenry · Answer

If you have 2 misdemeanors on your record and they did not merge into one (or should not have merged into one), then in Oregon, depending on the misdemeanors, you may be able to expunge them after 10 years have passed.  If, on the other hand, the misdemeanors merged, or should have merged, you only have to wait 3 years.

Kenneth Wincorn · Answer

This is very doubtful but if one can be reopened and the other was deferred it may be possible.

Cynthia Henley · Answer

If you got and successfully completed deferred adjudication probation, you might be able to seal the records depending on the timing of the cases. If you got final convictions (time served, fine), then the records are there to stay.

James Schoenberger · Answer

You can expunge misdemeanors three years after you complete all conditions of your sentence.

Jared Austin · Answer

Unfortunately you cannot get an expungement with two convictions of any kind on your record. You can only have one on your record in order to be eligible for an expungement. You could possibly have the prosecutor agree to set one of the convictions aside so you could apply for an expungement on the other one. You should contact an attorney that does expungements on how to proceed with that.

Craig Elhart · Answer

The Michigan expungement statute only allows for the expungement of one conviction.

Philip Hache · Answer

It is possible to have misdemeanors expunged, but there are some limitations to the benefit.

Robert Driessen · Answer

Yes file a 1203.4 motion.

Thomas Tomko · Answer

It depends.  If I know what Court your convictions were in, then perhaps there is a way.  (I am assuming that the cases are already over, otherwise, negotiations could result in not having the matters on your record.)  You need to hire an attorney who represents persons in the Court where your misdemeanors are.

Geoffrey MacLaren Yaryan · Answer

You can have them expunged if you have successfully completed  probation.

Edward Blum · Answer

Yes.  Dismissal pursuant to PC 1203.4.

Louis Leibowitz · Answer

Probably not. Unless you got a probation before judgment (PBJ), those convictions will be on your record forever.

Jared Altman · Answer

No, you cannot have these two misdemeanors set aside.

Gabriel Dorman · Answer

You can get them expunged which will both allow you to say that you have not been convicted on an application for employment and reflect a dismissal on your record. Good luck.

Michael J. Breczinski · Answer

There is no guarenteed way to do so. A lawyer might be able to talk to the prosecutor for the jurisdiction where the convictions happened about withdrawing your plea. The lawyer could only do this by convincing the government to allow you to do this. You are not eligible under the expungment statute.

Jeff Yeh · Answer

Yes. You have to have successfully completed probation for both convictions. You also cannot be on any other probation, and you cannot have any other criminal case(s) pending. Contact an attorney about filing the petition for expungement for you and to conduct the expungement hearing.

Mark R. Thiessen · Answer

Yes, but only if you were found not guilty, successfully completed deferred adjudication probation or the cases were dismissed.

Joseph Dane · Answer

Assuming you were over 18 at the time, the best you can do is to seek a dismissal under Penal Code section 1203.4.  That's commonly called an "expungement", but it doesn't wipe it off you record.  If granted, it allows you to withdraw your plea and the case is dismissed.  That dismissal allows you to tell most private employers that you have not been convicted of a crime.  You  must still disclose it under certain circumstances and if you're applying for a professional license.  They will also still exist as prior convictions, should you get charged for a similar offense in the future.    A local criminal defense attorney can assist with these for a reasonable fee.

Paula Drake · Answer

If the misdemeanors are convictions, then you can petition the court under PC 1203.4 to withdraw the plea and dismiss the case. You should contact counsel to be sure that you qualify for the dismissal at this time ( you cannot have any pending cases, be on probation for any matter, or have had violations of the probation;)  if you had any violations of the probation, an additional declaration should be included in the petition, but the granting of it is up to the court. You can also discuss with counsel whether to file the petitions at the same time, or file them at different times and in what order to file them.  There are court fees that you will be paying.  Once the petitions are granted, with certain exceptions, you can indicate on a job application that you weren't convicted (the court order will explain the exceptions and the other the limitations of the "expungement"). The employer may still be able to see the dismissal when he does the background check. In any event, it is always better to get the expungement than not.  If the misdemeanors that you refer to were arrests only, there is a different procedure to seal/destroy the arrest record.

Elizabeth Zwiebel · Answer

You can hire an attorney to file an application for a pardon.  The process is very particular and you will need an attorney who specializes in that area of law.

Jason Kohlmeyer · Answer

You can file an expungement to possibly help you with this matter.  It's not going to make it impossible to find, but it may remove it from the court system.

Todd Landgren · Answer

File a 1203.4 application. They are available at the court where you entered your plea.

Timothy Klisz · Answer

Only if they occurred before you were 21 years of age.  Otherwise the  new statute says no.

Matthew Murillo · Answer

No.  Once arrested/convicted, the charges will never be removed from your record.  However, you could file a Petition To Dismiss the charges pursuant to Penal Code 1203.4.  That won't remove the conviction from your record, but will add a note that indicates it has been dismissed.  Employer's may still be able to see it, but the dismissal will allow you to deny a conviction for those misdemeanors on job applications (unless its for a government job).

Stephen Freeborn · Answer

It depends upon what the convictions are for. It is not easy to get records sealed or expunged.  There are certain steps you need to jump through (providing you qualify).  It also depends upon what else is on your record. It is possible, but you’re going to need to speak with an attorney, who can review the facts and circumstances of your case to determine the likelihood of success.

Jonathan Baner · Answer

Depends on the unique facts of the case such as the crimes, the times, and the fines.  Okay I just wanted to make something with a jingle. But it does depend on the facts of the case as to whether expunge/sealing is available.  Contact an attorney in your area that handles criminal defense work if you can afford one.

Samuel H. Harrison · Answer

No, you can't. Georgia law does not provide for expungement of a criminal record after the person has entered a plea of guilty or has been found guilty of the offense.

Eric Sterkenburg · Answer

You may have misdemeanors expunged from your record. An expungement will not make the misdemeanors disappear. However, you would be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, with certain exceptions. the order does not relieve you of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery. You can lawfully state that they have not been convicted of the crime when asked on a job application from a private (non-law enforcement) employer.

Gary Moore · Answer

Two misdemeanors are the maximum number which can be expunged from your records.

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Can I get two misdemeanors erased from my record so that future employers cannot see it?

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