Can I expunge a charge that was dissmissed at time of sentencing

Technically you can expunge a dismissed charge immediately, but if you can wait, you might as well have the entire record expunged at once- mainly because having the expungement done will be the same price whether you have one item expunged or the two expunged at the same time.  Attorneys generally charge one price for a simple expungement, and higher prices for more complicated expungements.  You expungement appears to be simple (based on what you have stated).  I am not sure if you are applying to jobs/ school/ military etc, but unless you think that the misconduct charge is causing a significant hinderance- which would not exist if you had only the theft charge- you may want to hold off.  It is a bit difficult to make such a determination without more facts.  You should look into consulting with an attorney via phone or in person.  Should you have any further questions, you can contact my office at (732) 609 3915.  Good luck.

you have one conviction [theft] and one charge [official misconduct]. you can have the official misconduct charge expunged now for a cost of $1250. unless there is a compelling reason to expunge the charge [official misconduct], i would wait the five [5] years and have both expunged. if you expunge the 'official misconduct' charge now [at a cost of $1250], your criminal record will still show the theft charge/conviction.  i am available to discuss. ed dimon, esq. 732-797-1600