QUESTION

How do I qualify for expungement or pardon when it comes to DUI and possession of marijuana?

Asked on Jul 27th, 2012 on DUI/DWI - Michigan
More details to this question:
I got a DUI and possession of marijuana in 2005 and another possession of marijuana in 2007, I was wondering if I would be able to get it off my record for employment.
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30 ANSWERS

Family Law Attorney serving Alameda, CA at The Derieg Law Firm
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If you complete probation successfully according to California Penal Code section 1203.4, you have the statutory right to have your criminal case expunged with some exceptions.
Answered on Aug 16th, 2012 at 10:56 AM

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Michael J. Breczinski
No you can never get any traffic crimes off your record including DUI.
Answered on Aug 08th, 2012 at 11:37 AM

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DUI & DWI Attorney serving Reno, NV at Weo Office Suites, LLC
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A misdemeanor dui conviction cannot be expunged from a criminal record for seven years. You should consult with an attorney who practices in the area of sealing records to ensure all criminal records reporting agencies remove the record from reporting systems.
Answered on Aug 07th, 2012 at 5:05 PM

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California's expungement law permits someone convicted of a crime to file a Petition for Dismissal with the court to re-open the case, set aside the plea, and dismisses the case. In order for one to qualify for expungement, the petitioner must have completed probation, paid all fines and restitution, completed his sentence for the offense, and not currently charged with a crime.
Answered on Aug 07th, 2012 at 2:24 PM

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Insurance Defense Attorney serving Jackson, MI at Dungan, Lady & Dunga, PLLC
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DUI's can't be expunged, and if you have more than one conviction, (with every limited exceptions,) you can't expunge any of them.
Answered on Aug 07th, 2012 at 1:51 PM

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Dennis P. Mikko
With more than one conviction, you cannot get an expungement.
Answered on Aug 07th, 2012 at 1:44 PM

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Unfortunately you do not qualify for a criminal expungement at this time based on the information you have provided. Reason being is that: 1) DUI offenses are considered Traffic Code Violations which are not expungable in Michigan; 2) Michigan will only allow for one (1) criminal conviction to be expunged from your record. You have three misdemeanor offenses which means you will not be able to have your record expunged.
Answered on Aug 07th, 2012 at 1:21 PM

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Accident Attorney serving Jackson, MS at The Lockhart Law Firm
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In Mississippi you would not be eligible to have the DUI expunged as the statute expressly forbids it. You would be entitled to have the drug possessions expunged assuming you met all the criteria for the statute that allows the expungement of drug convictions.
Answered on Aug 07th, 2012 at 12:25 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 Aug 07th, 2012 at 11:57 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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This will be difficult as a single incident can be expunged, multiple changes generally cannot be.
Answered on Aug 07th, 2012 at 11:37 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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No. Only one crime conviction ever for an expungement.
Answered on Aug 07th, 2012 at 11:36 AM

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Yes you can, as long as you have successfully completed probation and have nothing else pending.
Answered on Aug 07th, 2012 at 12:56 AM

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DUIs cannot be expunged under current ML law. Drug/mj should have been addressed prior to conviction, post conviction you can only get one conviction expunged & that's after 5 years with no new trouble.
Answered on Aug 07th, 2012 at 12:55 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Pardons are not a realistic avenue for you. Only four [4] total have been granted by the last two governors. You seek expungement of each separately. 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 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. 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 Aug 06th, 2012 at 9:51 PM

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Criminal Defense Attorney serving Calabasas, CA at Law Office of Bernal P. Ojeda
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Yes you can but you need to petition to expunge the most recent first.
Answered on Aug 06th, 2012 at 9:48 PM

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Real Estate Attorney serving Williamstown, NJ at Law Offices of Slotnick & Schwartz
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There is no pardon in New Jersey nor is there an expungement of a DUI. You may qualify for expungement of the marijuana charges depending on whether you have had any other charges of any kind against you. However the expungement does not clear your employment record.
Answered on Aug 06th, 2012 at 9:43 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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In California, DUIs remain on your DMV record for 10 years and cannot be expunged from your DMV record. The DUI convictions may be expunged from the court records, at the discretion of a judge, but can still be used as enhancements for future DUI filings and convictions. You should also be able to expunge possession charges, depending on whether or not they were charged as felonies or misdemeanors and also what class of possession you were charged with. I suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your cases. He/she would then be in a better position to analyze you cases and advise you of your options.
Answered on Aug 06th, 2012 at 9:40 PM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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Only get it off your record if case was dismissed or sealed if you did deferred adjudication successfully.
Answered on Aug 06th, 2012 at 9:08 PM

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There is no way to expunge a conviction unless you were found factually innocent.
Answered on Aug 06th, 2012 at 8:53 PM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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No. More than one conviction cannot be expunged in Michigan.
Answered on Aug 06th, 2012 at 8:50 PM

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Samuel H. Harrison
Georgia does not expunge convictions.
Answered on Aug 06th, 2012 at 12:03 PM

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Appellate Practice Attorney serving Columbia, SC at Aiken and Hightower PA
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In South Carolina, a DUI cannot be expunged. A first offense possession of marijuana can be expunged, but a second offense possession of marijuana cannot be expunged.
Answered on Aug 06th, 2012 at 11:57 AM

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Criminal Defense Attorney serving Denver, CO at The Law Offices of Jaime Cowan, P.C.
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Unless the cases were dismissed they will remain on your record.
Answered on Aug 03rd, 2012 at 11:33 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Based upon what you have told me, I do not see that as a possibility.
Answered on Aug 03rd, 2012 at 11:31 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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You or an attorney on your behalf can petition the court for dismissal of the conviction.
Answered on Aug 03rd, 2012 at 11:27 PM

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DUIs are one of the hardest charges to get expunged. Assuming you are eligible on other grounds (i.e. you don't have too many other charges, etc.), you have to wait 10 years from the date of when you finished your probation.
Answered on Aug 03rd, 2012 at 11:25 PM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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No such thing as expungement in NY.
Answered on Aug 03rd, 2012 at 11:16 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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A first-time misdemeanor DWI can be expunged, but only if 10 years have passed since the conviction and you haven't had any subsequent alcohol-related law enforcement contacts. The possession of marijuana conviction can not be expunged and will remain on your permanent criminal record forever.
Answered on Aug 03rd, 2012 at 11:06 PM

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Criminal Defense Attorney serving Salt Lake City, UT at Pietryga Law Office
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A DUI cannot be expunged until 10 years have elapsed. So, you are going to have to wait tell at least 2015.
Answered on Aug 03rd, 2012 at 11:03 PM

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Leonard A. Kaanta
You cannot expungement any traffic related offense such as DUI.
Answered on Aug 03rd, 2012 at 9:57 PM

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