QUESTION
If my boyfriend has a harassment charge from 2 years ago, can he get this removed from his record?
Asked on Jul 23rd, 2013 on Criminal Law - Colorado
More details to this question:
He cannot find a job or buy a house with background checks and he's getting upset. Thank you.
10 ANSWERS
Michael J. Breczinski
In Michigan the person has to wait 5 years in order to get a matter expunged from their record. And in most cases there can be only one conviction.
Answered on Jul 24th, 2013 at 10:14 AM
He needs to complete probation first, then hire a lawyer for expungement.
Answered on Jul 24th, 2013 at 1:01 AM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
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The law in Michigan is that a person with a criminal record of ONE, qualifying, conviction can apply to have that ONE conviction removed from his/her criminal history through an order of Expungement after the five year anniversary of the date of conviction. In your boyfriend's case, if he has no other convictions, he will have to wait 3 more yrs.before he is eligible to file for expungement.
Answered on Jul 24th, 2013 at 12:24 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Generally, the waiting period is at least 5 years, after which time he would have to petition the court that sentenced him. Even then, it is still not a certainty.
Answered on Jul 24th, 2013 at 12:20 AM
Criminal Law Attorney serving Farmington Hills, MI
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Stephen Linden, PC
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Maybe. Michigan does provide for the expungement of most criminal convictions under certain circumstances.
Answered on Jul 24th, 2013 at 12:16 AM
3 Awards
If it is a conviction, then no if it was dismissed or dismissed after a deferred sentence.
Answered on Jul 24th, 2013 at 12:16 AM
Thomas Edward Gates
He can petition the court to expunge his record.
Answered on Jul 23rd, 2013 at 1:18 PM
If it's in Missouri, then no, he can not get the harassment conviction removed from his criminal record.
Answered on Jul 23rd, 2013 at 12:47 PM
John J. Carney
He should have retained private counsel to try to get an ACD dismissal or Disorderly Conduct. Then he would not have a record. New York does not allow expungment and a record lasts forever. That is why you should avoid getting arrested for crimes. He can only get a Certificate of Relief From Civil Disabilities which may help him get a job.
Answered on Jul 23rd, 2013 at 12:29 PM
2 Awards
It would depend on the type of crime that your boyfriend pled guilty to and how long it has been since the case was dismissed. It could be worth talking with an attorney to determine potential eligibility, especially if it is impacting his ability to obtain employment.
Answered on Jul 23rd, 2013 at 11:57 AM