How Can I Get a Misdemeanor Expunged?
If you have a misdemeanor on your record, you may be wondering if it’s possible to get it removed. The answer is yes, but it’s a complex process that requires understanding the laws and procedures involved. In this article, we’ll guide you through the steps to get a misdemeanor expunged and answer some frequently asked questions.
What is Expungement?
Expungement is the process of sealing or destroying your criminal record, making it impossible for the public to access. This means that a misdemeanor conviction will no longer appear on your criminal history report, and you’ll be able to say you were never convicted.
Eligibility for Misdemeanor Expungement
Not all misdemeanors are eligible for expungement. The specific laws and procedures vary from state to state, but generally, you may be eligible if:
- Time has passed: The waiting period for expungement varies by state, but it’s typically 3-5 years after your conviction or sentence.
- You completed your sentence: You must have finished serving your sentence, including probation or parole.
- You haven’t been convicted of another crime: You can’t have another conviction on your record while your expungement application is pending.
Steps to Get a Misdemeanor Expunged
The process of expunging a misdemeanor varies by state, but it typically involves the following steps:
- Check the eligibility criteria: Review the laws and procedures in your state to ensure you meet the eligibility requirements.
- Gather required documents: You’ll need to provide proof of your conviction, sentence, and completion of your sentence.
- Fill out the application: You’ll need to complete an application for expungement, which may be available online or through your local court.
- Pay the filing fee: You may need to pay a filing fee, which varies by state.
- File the application: Submit the application and supporting documents to the court.
- Wait for the judge’s decision: The court will review your application and make a decision on your expungement request.
- Follow up: If your application is denied, you can appeal the decision or re-file after the required waiting period.
Expungement Options
Not all expungements are the same. There are different types of expungements, including:
- Statutory expungement: This is the most common type, which involves submitting an application to the court.
- Properly filed expungement: This type of expungement is used when your original application was denied or incomplete.
- Motion to expunge: This is a type of expungement used when there are unusual circumstances or legal issues.
What’s the Difference Between Expungement and Sealing?
Some states use the terms "expungement" and "sealing" interchangeably, but there’s a subtle difference:
- Expungement: The record is physically destroyed or sealed.
- Sealing: The record is sealed or restricted, but it may still be accessible to certain authorities.
How Long Does the Expungement Process Take?
The length of the expungement process varies by state and court. It’s typically 3-12 months, but it can take longer if there are complications or appeals.
What Happens After the Expungement is Granted?
After your misdemeanor is expunged:
- The record is sealed: Your criminal history report will no longer show the conviction.
- You can truthfully answer "no" to employment and education applications: You won’t have to disclose the conviction.
- You may be eligible for certain benefits: Expungement can restore your right to vote, own firearms, or hold public office.
Frequently Asked Questions
- Do I need a lawyer to expunge a misdemeanor?: While it’s possible to do it yourself, hiring a lawyer can increase your chances of success, especially if you’re facing complex legal issues.
- Can I expunge multiple misdemeanors at once?: Some states allow it, while others require separate applications for each conviction.
- Will I have to pay a fee to have my record sealed?: Some states have fees for expungement, while others may have no fee or a reduced fee for low-income applicants.
Conclusion
Expunging a misdemeanor conviction can be a complex process, but it’s an important step in moving on from a criminal record. By understanding the eligibility criteria, steps to get a misdemeanor expunged, and expungement options, you can take control of your criminal history and start fresh. Remember to check the laws and procedures in your state, as they may vary, and consider hiring a lawyer for guidance throughout the process.
