QUESTION
Do I have to go through a process to have my record expunged or does it happen automatically after probation is complete?
Asked on Jan 30th, 2014 on Criminal Law - Texas
More details to this question:
I was arrested in 2005 for possession of drugs and sentenced to 5 years deferred adjudicated probation. I completed my probation in 2012 and was wondering if my record is gone or if I have to pay to have it expunged. And if so, what is the process for doing something like that?
9 ANSWERS
Jacob P. Sartz
It appears, based on your description, that you received "7411" status; the first-time offender drug-charge diversionary program. If you successfully completed this diversionary program, there should be no conviction on your general, public record. You can check yourself by running a background check through ICHAT, or Internet Criminal History Access Tool, http://apps.michigan.gov/ICHAT/Home.aspx, a service administered through the Michigan State Police. They charge ten dollars per search.
Answered on Feb 05th, 2014 at 8:19 AM
Michael J. Breczinski
This depends on the terms of the probation that you are on.
Answered on Feb 05th, 2014 at 8:18 AM
Definitely not automatic. You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
Answered on Feb 04th, 2014 at 5:08 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It is not automatic. You need to file a motion before the court that convicted you. Your constitutional rights are also not automatically restored.
Answered on Feb 04th, 2014 at 5:08 AM
Thomas Edward Gates
You need to petition the court to expunge your record, it will not happen automatically.
Answered on Feb 04th, 2014 at 5:08 AM
If you received an SIS with probation, and you successfully completed probation, then there should not be any record of a conviction. You can buy a copy of your criminal record from the Missouri State Highway Patrol, or go to the police and ask to buy a copy, and that will show you what's on your record. If you actually were convicted of drug possession in Missouri, that conviction is not eligible for expungement.
Answered on Feb 03rd, 2014 at 11:35 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It wouldn't be gone unless it was a part of diversion or a delayed sentencing. Get a copy of your criminal history to see if it appears. If so, contact an attorney in your area that handles expungements.
Answered on Feb 03rd, 2014 at 5:14 PM
2 Awards
In Colorado, you must go through the process of having your record expunged. It is a petition that must be filed in the district court where the case was prosecuted. This process could take between three and six months.
Answered on Feb 03rd, 2014 at 5:04 PM
Criminal Attorney serving Houston, TX
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The Montes Law Firm
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You cannot have it expunged. What you are entitled to five years after completing the deferred adjudication is a non disclosure. It is not automatic . You must petition the district court . You should consult a criminal defense attorney in your area for further details. Good luck!
Answered on Feb 03rd, 2014 at 4:59 PM