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I have a possession charge on my record. What can I do to clean my record?
21 ANSWERS
Jacob P. Sartz
Expunging a crime in Michigan is complicated. This response does not contain specific legal advice. peaking 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.
Answered on Nov 11th, 2011 at 1:51 PM
You may be eligible for expungement. Eligibility for expungement in Oregon depends on the seriousness of your conviction, how much time has passed since your conviction, and whether you have any other convictions on your record.
Answered on Oct 21st, 2011 at 10:06 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Were you given 7411 status which would prevent it from becoming a public record? If not, you can apply for an expungement if it's been five years. Seek out an attorney to help you with the process.
Answered on Oct 20th, 2011 at 1:43 PM
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Nothing if it is a conviction. If it was dismissed, no billed or you were found not guilty, then you can expunge it. If you successfully completed deferred adjudication then I can seal it.
Answered on Oct 17th, 2011 at 5:54 PM
Samuel H. Harrison
Nothing. You cannot expunge a criminal conviction in Georgia.
Answered on Oct 17th, 2011 at 3:52 PM
For minor crimes (misdemeanors) a petition for expungement is filed in court to have the conviction dismissed. For felonies a petition for a Certificate of Rehabilitation is issued by the courts and filed with the California Department of Corrections and Rehabilitation. Expungement permits someone convicted of a crime to file a Petition for Dismissal with the court to re-open the case, set aside the plea, and dismisses the case. To qualify for expungement you must have completed probation, paid all fines and restitution, not served a sentence in state prison for the offense, and not currently be charged with a crime. If you met the requirements, a court may grant the petition if it would be in the interest of justice to do so. A successful expungement will not erase your criminal record. What is actually stated on a record is that the case was dismissed after conviction. If you served a sentence in the state prison system on a felony, you must apply to the Superior Court for a Certificate of Rehabilitation. To meet the requirements you must live in California for at least seven years after you complete your parole. After you receive a certificate of rehabilitation, certain rights are restored.
Answered on Oct 17th, 2011 at 3:40 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If you fit the statute, you can expunge one crime after 5 years.
Answered on Oct 17th, 2011 at 3:37 PM
Call an attorney in your area and describe your situation in detail. A charge is not a legal term. Most people use that term to mean they have been accused of crime. However, after you have arrested for possession there are a couple of things that can happen to that accusation. First, it can be dismissed. If it is dismissed you are eligible for an expunction (or will be eligible after the Statute of Limitations passes). Second, you can win a jury trial. If you win a jury trial (meaning you are acquitted) you are immediately eligible for an expunction. Third, you can accept a plea bargain (or you can lose a jury trial). If the plea bargain requires you be supervised on probation (or if you have to do time or go to jail) then it cannot be expunged (but you might still be eligible for a non-disclosure). These are just some of the scenarios that might describe your situation. However, you should call an attorney and ask for a free consultation. The attorney should be able to tell you if you qualify for an expunction, or if you can clean up your record.
Answered on Oct 17th, 2011 at 2:18 PM
If more than 5 years have passed since conviction and all probation, etc. has been done, you could file a motion with the court asking for an expungement. Your motion would have to comply with the applicable statute.
Answered on Oct 17th, 2011 at 2:10 PM
Criminal Law (Defense) Attorney serving Overland Park, KS
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Gigstad Law Office, LLC
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In Kansas you can have an attorney petition the court for expungement of your record for individual convictions. Most misdemeanors can be expunged after 3 years in Kansas, and some felonies can be expunged after 5 years. You need to consult with an attorney in your area for specific details regarding your situation.
Answered on Oct 17th, 2011 at 1:39 PM
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Certain charges can be sealed or expunged. Only one case in a lifetime can be sealed or expunged.
Answered on Oct 17th, 2011 at 1:23 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Google California Penal Code and look at 1203.4 Most court clerkshave a form to do this. You do notneed to hire a lawyer.
Answered on Oct 17th, 2011 at 12:59 PM
You should call an attorney about your eligibility to get an expungement.
Answered on Oct 15th, 2011 at 2:39 AM
Assault Attorney serving Richardson, TX
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The answer depends on the type of sentence you received. You may be eligible for non-disclosure or expunction depending on what transpired in the sentencing. Another option may be a Section 20 discharge (a judicial pardon).
Answered on Oct 15th, 2011 at 2:32 AM
Criminal Defense Attorney serving New Orleans, LA
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Elizabeth B. Carpenter Law
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In order to have a misdemeanor conviction expunged in Louisiana, the law requires that the individual first have the conviction dismissed or set aside under Article 894 of the Louisiana Code of Criminal Procedure. At the time of your sentencing, your attorney must have moved the sentencing judge to allow your conviction to be entered under Article 894, otherwise an individual will not have the opportunity to have it dismissed and set aside after successful completion of a probation period. It is only under the provisions of Article 894 that an individual may move the court to dismiss and set your misdemeanor conviction aside. Therefore, it is very important to have competent legal representation at all stages of the misdemeanor process.
Answered on Oct 14th, 2011 at 11:52 PM
You can file for expungement.
Answered on Oct 14th, 2011 at 11:48 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you were acquitted or the case dismissed, you can file a lawsuit to expunge your record. If you received and successfully completed deferred adjudication probation, you can petition the court for nondisclosure immediately on a misdemeanor or 5 years after completing the felony deferred.
Answered on Oct 14th, 2011 at 11:43 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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There is nothing you can do. I'm sorry.
Answered on Oct 14th, 2011 at 11:38 PM
Michael J. Breczinski
Is that your only conviction of any sort? Is it over 5 years old? If the answer is yes to both those questions then contact an attorney about petitioning the court where the conviction happened to expunge it.
Answered on Oct 14th, 2011 at 11:37 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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The best you can do, assuming you didn't get sentenced to prison, is to get it dismissed under Penal Code section 1203.4. That's commonly called an "expungement" but it doesn't wipe it off your record. It adds a notation that it was dismissed. That allows you to not have to disclose it to most private employers. A local criminal defense attorney can assist for a reasonable fee.
Answered on Oct 14th, 2011 at 10:33 PM
Criminal Defense Attorney serving Tustin, CA
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Wallin & Klarich, A Law Corporation
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1203.4 expungment, certificate of rehabilitation and a Governor's Pardon are potentially available for you.
Answered on Oct 14th, 2011 at 10:31 PM