QUESTION
Can I have a criminal trespass conviction expunged?
Asked on Mar 31st, 2011 on Criminal Law - California
21 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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The Law Offices of Lawrence Wolf
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Yes.
Answered on Jun 11th, 2013 at 12:30 AM
Criminal Defense Attorney serving Bloomfield Hills, MI
Partner at
Law Offices of Marshall S. Tauber
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Yes.
Answered on Jun 11th, 2013 at 12:30 AM
Criminal Law Attorney serving San Jose, CA
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Dennis William Smith
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Yes.
Answered on Jun 11th, 2013 at 12:30 AM
Jacob P. Sartz
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.
Answered on May 23rd, 2011 at 1:04 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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This will depend upon the amount of time that has elapsed since you were convicted and whether or not you have satisfied all aspects of any potential probation requirements you may have had. If this matter occurred in Louisiana and you would like to discuss it in greater detail which would allow us to give you a more definite answer, please contact our firm at the information on this page for a free case evaluation.
Answered on Apr 05th, 2011 at 11:15 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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In Michigan, you can get any criminal conviction expunged from your record unless it was a potential life offense or a criminal sexual conduct charge of any degree. Civil infractions such as speeding tickets cannot be expunged and you can only have one charge on your record. Consult with an attorney who does expungements in order to get a more detailed answer to your situation.
Answered on Apr 04th, 2011 at 12:13 PM
Business Law Attorney serving Oakland, CA
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Law Office of Alanna D. Coopersmith
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Yes, if you have successfully completed probation, you can get it expunged.
Answered on Apr 04th, 2011 at 11:46 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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It is possible for an expungement. The requirements under Michigan Law are that it be 5 years from the conviction, and that you not have any other misdemeanor or felony convictinon. The Petition is made in the Court where the conviction occurred. If you are in the Detroit Metro area, and would like assistance with this issue, you may contact me at your convenience to arrange an appointment. I look forward to hearing from you in this regard.
Answered on Apr 04th, 2011 at 11:20 AM
Theodore W. Robinson
Hello, It depends upon in which state you live. If you live in NY, then the answer is no. If elsewhere, then the answer is maybe, but it will depend upon which state and your age at the time of the incident.
Answered on Apr 04th, 2011 at 10:50 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, assuming it is your only criminal conviction ever. Click on the link to the left to call me and discuss.
Answered on Apr 04th, 2011 at 10:40 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Yes. Whether it was an infraction or misdemeanor, they are both eligible for an "expungement" - technically a dismissal under Penal Code 1203.4.
Answered on Apr 04th, 2011 at 10:36 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many felony and misdemeanor convictions [and now recently included are infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only 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 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.
Answered on Apr 04th, 2011 at 10:31 AM
Criminal Defense Attorney serving San Diego, CA
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Michael S. Berg
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Yes you can. Good luck.
Answered on Apr 04th, 2011 at 10:16 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
You should be able to get that expunged, but I would need to hear more about your case and whether you complied with the probation to give a better assessment. Feel free to contact me to discuss in further detail.
Answered on Apr 04th, 2011 at 10:00 AM
Depending on where the conviction is from, generally "yes" you may.
Answered on Apr 04th, 2011 at 9:52 AM
Trusts and Estates Attorney serving Layton, UT
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Canyons Law Group, LLC
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Each state has their own requirements for eligibility to have a charge expunged. Generally, the factors to be considered include how long it has been since the conviction or termination of probation and whether a person has other convictions or arrests. You should contact an attorney in your local jurisdiction for more specific advice on whether you are eligible.
Answered on Apr 04th, 2011 at 9:32 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Yes, you should be able to petition the court. See Penal Code section 1203.4:
*1203*.4. (a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty...
Answered on Apr 04th, 2011 at 9:15 AM
Criminal Defense Attorney serving Charlotte, NC
Partner at
Olsinski Injury, Family and Criminal Lawyers
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Maybe, it will depend on a few details. Was it a conviction or was it dismissed? Have you had an expunction before? How old were you when you were convicted or the matter was resolved? These are all questions that need to be answered in order to more accurately assess the situation. Feel free to call me about your case and we can discuss it further.
Answered on Apr 04th, 2011 at 9:13 AM
Yes, as long as you have successfully completed probation. Get an attorney to file the petition for you.
Answered on Apr 01st, 2011 at 5:54 PM
Criminal Defense Attorney serving Mesa, AZ
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JacksonWhite P.C.
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If you're convicted of criminal trespass in Mesa, Phoenix or any other city in Arizona, you can have the conviction removed from your record. Expunging a criminal record in Arizona is difficult unless your offense was committed as a juvenile. You can remove the conviction, however, by filing a motion to set aside the conviction. A court would be more willing to set aside your conviction if you successfully completed probation and you have a clean record since. Courts will however, take each situation and balance whether or not the person deserves a clean record. You'll want to provide all of the positive information you can.
Answered on Apr 01st, 2011 at 5:08 PM
Yes. As long as you are no longer on probation you can get the conviction expunged.
Answered on Apr 01st, 2011 at 4:38 PM