QUESTION
Can I get my drug felony expunged sooner than 3 years after completing probation?
Asked on Sep 20th, 2012 on Expungements - California
More details to this question:
I got a felony tax stamp violation and misdemeanor possession back in 2009. I was sentenced to 1 year probation. Certain things led me to not being completed with probation until this year. There were no new charges or anything like that. But my probation officer said I would have to wait 3 years before I could get the charges expunged. I was wondering if there was any way I could get it off my record sooner than that?
5 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No.
Answered on May 22nd, 2013 at 2:16 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
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No. The expungement is not effective. You still have to tell governmental employers, and licensing agencies and background checks will find the convictions.
Answered on Sep 26th, 2012 at 11:28 PM
It's FIVE (5) years in Michigan.
Answered on Sep 25th, 2012 at 8:32 PM
The normal waiting period to have a felony expunged is 7 years. The only way to shorten that is to do what is called a 402 Reduction motion. This reduces the level of offense by one or two degrees. Assuming the felony is a 3rd degree felony, the maximum reduction would be down to a Class B Misdemeanor, which has a 4 year waiting period. The 3 year waiting period applies to a Class C Misdemeanor or an infraction. Also, expungement is based on eligibility which takes into account other factors such as total amount of other offenses, etc.
Answered on Sep 24th, 2012 at 9:05 PM
Michael Paul Vollandt
The law may have recently changed but usually you can apply for 120304PC after one year from the successful completion of probation.
Answered on Sep 24th, 2012 at 5:35 PM