QUESTION

If I took a plea bargain on a misdemeanor charge, can it be expunged after 9 years?

Asked on Feb 13th, 2013 on Criminal Law - Louisiana
More details to this question:
N/A
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10 ANSWERS

Michael J. Breczinski
If it is your only conviction and is a nondriving offense.
Answered on Feb 21st, 2013 at 12:47 PM

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Once you've successfully completed probation, you may be eligible.
Answered on Feb 19th, 2013 at 12:37 AM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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In California, a misdemeanor conviction can be dismissed under PC 1203.4 after successful completion of probation. This is different from a true expungement, but California does not have a true expungement. For more information on 1203.4, contact a local criminal defense lawyer, or the probation department in your county.
Answered on Feb 18th, 2013 at 10:39 PM

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John J. Carney
There is no expungment statute in New York. New Jersey and other states have one but you have to qualify for it.
Answered on Feb 18th, 2013 at 10:11 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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As long as you have nothing else on your record and it is a misdemeanor that can be set aside, you should be eligible. Any driving misdemeanors such as OWI, Impaired Driving, Reckless Driving, etc. cannot be expunged. Consult with an attorney in your area that does expungments for a more thorough review of your case.
Answered on Feb 18th, 2013 at 10:10 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Perhaps, but you will have to see an attorney with the details.
Answered on Feb 18th, 2013 at 9:21 PM

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Criminal Law Attorney serving Beverly Hills, CA at Margolin & Lawrence Attorneys at Law
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Yes should be possible. Only issue is did you have any violations while on probation.
Answered on Feb 18th, 2013 at 9:17 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged. 1. Notwithstanding the provisions of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, although less than 10 years has expired in accordance with the requirements of the preceding paragraph where the court finds: (1) less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or (2) at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction. In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person's age at the time of the offense, the person's financial condition and other relevant circumstances regarding the person's ability to pay. Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.
Answered on Feb 18th, 2013 at 9:11 PM

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James Edward Smith
Sealed.
Answered on Feb 18th, 2013 at 9:10 PM

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Criminal Defense Attorney serving Covington, LA at Law Office of Ernest J. Bauer Jr.
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You would have had to have pled pursuant to code of criminal procedure artic 894. If not, you can hire an attorney and try to get the minutes amended.
Answered on Feb 18th, 2013 at 9:02 PM

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