Even if it may seem unnecessary in your situation, it is best to expunge your case now. As previously mentioned, an expungement may stay on your record forever depending on what actions you take. You never know when you may be forced to submit to a background check.
If you find yourself in that situation, knowing your record has already been expunged will be a huge relief. The amount of relief offered under the law of each state differs. Some states provide for a complete expungement or removal of all records pertaining to the case; other state laws only permit the conviction itself be set aside or dismissed, leaving the records of the arrest intact and visible to the public. Despite the limitations under the statute in some states, any steps that can be taken towards lessening the negative impact of a misdemeanor conviction can be extremely beneficial.
You can find more misdemeanor expungement information specific to the state in which you were convicted by choosing your state from our states page. The legal procedure for requesting a misdemeanor expungement will vary depending on the court. Generally, the process requires a thorough review of the entire criminal record to ensure eligibility and to ensure all information is provided to the court.
To expunge a misdemeanor case, an application or petition for expungement is filed to the court that initially handled the criminal case. Their office will review the petition, confirm if you are eligible for the requested relief and then file any objections or opposition that they may have. After the court has received the petition and any objections, a hearing date may be scheduled.
At the hearing, the judge will hear arguments by both sides and decide whether the case will be expunged.
If your expungement is granted, law enforcement agencies and courts that may hold records of the case will be notified. They will update their records according to the court order. This update is typically completed within days depending on the agency and how busy they are at the time of notification. The expungement process does not remove your record from private, non-government background check companies.
In order to remove your record from private background check companies, you can use our exclusive Expedited Record Clearance Update service.
Our law firm will assist you with the entire misdemeanor expungement process. We will obtain the required records, draft and file the petition with the court, respond to any prosecutor objections and attend any hearings scheduled with the court. By hiring an experienced expungement attorney, you can be assured that you will obtain the maximum amount of relief you are eligible to receive. We have handled over 25, criminal record sealings and expungements. To determine if you are eligible to expunge your misdemeanor in your state, please take our free online expungement eligibility test or call us at for a free phone consultation.
Didn't find the answer you were looking for? Check out our Free Expungement Information and Education page. We have more than 50 years of combined experience.
We make sure that your case is done right the first time. Other law firms only update court records after an expungement which means that your criminal records may appear on background checks for up to a year after it is expunged. Our exclusive optional Expedited Record Clearance Update can get your record removed from more than popular background check companies within 14 days of it being cleared at the court. Get your criminal records and other personal information removed from more than 40 popular people search websites with our Background Check Removal service.
Our attorneys are highly rated with 4. Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Any result portrayed on this website was dependent on the facts of that case, and the results may differ if based on different facts.
Expunging a Misdemeanor Offense Don't let your past determine your future. However, there are limits to this protection. Law enforcement agencies can still view expunged records. For example, law enforcement and the courts may be able to consider expunged charges if the charges may impact sentencing in a later criminal case.
On top of that, many states require the disclosure of expunged offenses if you are seeking a job involving law enforcement, financial services, or working with children. You also may have to disclose your expunged charges if you apply for a professional license such as a legal, medical, or pharmacy license. In order to expunge or seal a felony, you must file a petition with the court, follow strict procedural rules, present evidence to support the expungement, and you may have to testify at a hearing. Due to these requirements, you may benefit from hiring a seasoned expungement lawyer.
While it may be possible to go through these steps on your own, there are many important steps that must be completed correctly in order to even make it to the hearing. For a smooth process and the highest chance of success, it is in your best interest to work with a lawyer from the beginning.
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Understand that pardons are rare. All rights reserved. In the common law legal system , an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed , making the records unavailable through the state or Federal repositories. Unfortunately, being charged with a felony comes with a lot of added consequences. Depending on the state you live in, you may be able to get those charges erased through a petition of expungement. Documents for sealing your criminal record may be available at a state court or probation office. Ken LaMance.
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