QUESTION

How can I expunge my arrest record?

Asked on Sep 09th, 2012 on Criminal Law - New York
More details to this question:
Arrested in 2008 for intent to distribute narcotics. Charge was reduced to misdemeanor offense possession of marijuana less than an oz.
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19 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Arrests are not expunged, convictions are. If you mean that you entered a plea bargain to reduced charges, you may expunge that. Some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear , 'remove', erase or disappear the conviction, but does change the record to show an arrest with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement does not restore firearm rights lost because of felony conviction or domestic violence restraining orders. That record is accessible to government agencies, law enforcement, courts, background checks, insurance companies, etc. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may legally deny that you were arrested or convicted of the offense.
Answered on Sep 18th, 2012 at 11:51 AM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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One cannot expunge a Misdemeanor Conviction. You'd need a Governor's Pardon.
Answered on Sep 14th, 2012 at 6:13 PM

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Dennis P. Mikko
You cannot begin expungement proceedings until at least five years have past from the date of conviction.
Answered on Sep 14th, 2012 at 12:12 PM

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There is no expungement in California.
Answered on Sep 13th, 2012 at 8:39 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Based simply on what you have told me, it is not possible.
Answered on Sep 13th, 2012 at 8:39 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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No expungement: I am sorry to be the one to tell you that there is no expungement in the State of New York.
Answered on Sep 13th, 2012 at 8:18 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You first get the records sealed. In order to do so you cannot have been convicted, adjudication must have been withheld. In addition you need a certificate of eligibility from the Florida Department of Law Enforcement. This will cost $75. And if you can get an attorney to do the sealing for less than $750, you will be doing well.
Answered on Sep 13th, 2012 at 11:30 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Assuming its your only conviction ever, you are eligible in 2013 on the date your were sentenced.
Answered on Sep 13th, 2012 at 11:15 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Possible later. No expungmant for at least 5 years.
Answered on Sep 13th, 2012 at 10:18 AM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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In NY, you can't is permanent
Answered on Sep 13th, 2012 at 10:13 AM

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Michael J. Breczinski
In Michigan afte 5 years if there is no other convidtion (with a couple of minor exceptions) you can move to have the record expunged. See an attorney.
Answered on Sep 13th, 2012 at 9:15 AM

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Three years after completing all conditions of a misdemeanor offense, you may petition the court to expunge your case. See:
Answered on Sep 13th, 2012 at 9:00 AM

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In Missouri, there is no provision for expunging a drug arrest that later resulted in a misdemeanor guilty plea or verdict.
Answered on Sep 13th, 2012 at 8:55 AM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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In California, there is no expungement. You can petition the court for a finding of factual innocence, which results in the arrest being sealed. However, you would have to be able to convince the court that you should not have been arrested. In other words, you'd have to convince the court that no reasonable police officer would have arrested you. This is probably going to be impossible if you were in possession of marijuana. If you are serious about exploring this option, you should consult with a local criminal defense lawyer.
Answered on Sep 13th, 2012 at 8:53 AM

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You can only expunge a conviction, not the arrest itself.
Answered on Sep 13th, 2012 at 8:43 AM

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Divorces Attorney serving Birmingham, AL
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In Alabama, there is the pardon process. During the pardon process, voting rights and gun rights which are normally called political and civil rights are restored.
Answered on Sep 13th, 2012 at 8:39 AM

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Barbara A. Fontaine
In Rhode Island, you may apply for expungement of a misdemeanor after 5 years from the date of completion of your sentence ( includes probation) and you have no other criminal charges on your record.
Answered on Sep 13th, 2012 at 8:38 AM

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General Liability Attorney serving Harrisburg, PA at Abom & Kutulakis, L.L.P.
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There is a process where papers are filed, etc. You should call the attorney who defended you in 2008. Depending when the conviction occurred, you may have to wait.
Answered on Sep 13th, 2012 at 8:33 AM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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NY State does not expunge so if this was a state case you can't.
Answered on Sep 13th, 2012 at 8:30 AM

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