QUESTION
Is there an expungement of an assault and misdemeanor record?
Asked on Sep 11th, 2012 on Expungements - California
More details to this question:
I wanted to know if I can vacate a criminal record. My felony is for assault, 16 years ago and misdemeanors 8 to ten years ago. I’ve change my life around, I have two degrees and want to pursue employment but I’m afraid my record will hinder me. What can I do? Please help. The only thing is I could not afford to pay the fines, so can I file for contingency also.
10 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No.
Answered on May 28th, 2013 at 8:28 PM
Unfortunately, a felony involving a violent crime to a person such as assault cannot be expunged from a criminal record in Washington State even though it occurred 16 years ago. A misdemeanor not involving a crime to a person can be expunged if three years have elapsed since the conviction, there are no charges pending against you in state or federal court, you have not been arrested or committed any crimes since the conviction and you have complied with all the terms of the sentence including the payment of fines and/ or penalties. You must pay the outstanding fines you indicated before you can expunge this misdemeanor, assuming you meet the other requirements.
Answered on Sep 16th, 2012 at 9:42 PM
Leonard A. Kaanta
Unless the misdemeanors occurred while you were a juvenile, Michigan only allows an expungmnet if you only have one offense.
Answered on Sep 16th, 2012 at 9:41 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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In Mass, the remedy is to have your record sealed, not expunged. Expungement is only available in very rare instances where the wrong person was arrested entirely. If you were simply found not guilty or had your case dismissed that is not grounds to expunge. Read up on having your record sealed. The laws have recently changed making this remedy much more accessible.
Answered on Sep 16th, 2012 at 9:41 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Evan E. Zelig, P.C.
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Have the fines and fees for the cases still not been paid? That may be a problem when petitioning the court for expungement.
Answered on Sep 16th, 2012 at 9:40 PM
Richard S. Goodman
You cannot have a second conviction of any type to motion for an wxpungment under the MI statute.
Answered on Sep 16th, 2012 at 9:40 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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You should consult an attorney to review all the charges to consider the ability to seek a pardon.
Answered on Sep 16th, 2012 at 9:39 PM
No, you can not get an assault conviction expunged from your record. It's possible that the misdemeanors can be expunged, but only if they fall within the types of misdemeanors that are allowed to be expunged, and you must have a clean record for 10 years since the conviction.
Answered on Sep 16th, 2012 at 9:39 PM
YOU CANNOT EXPUNGE BECAUSE YOU HAVE TOO MUCH ON YOUR RECORD!
Answered on Sep 16th, 2012 at 9:38 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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There is no expungement in California. 16 year old convictions probably will not have a great effect on the hiring decision, but do not hide the convictions.
Answered on Sep 16th, 2012 at 9:38 PM