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Can I Get My Misdemeanor Expunged?

People make mistakes. It happens. You may have been convicted of a misdemeanor in the past, in a youthful indiscretion or under stressful circumstances. The good news is that you may be able to have that crime removed from common overview on your record. This process is called expungement, and though it doesn’t completely remove your crime, it will prevent people from being able to see it on your criminal record. If you’ve repaid your debt to society and learned from your mistake, there’s not reason that you should continue to be burdened by a criminal record.

Why Should I Consider Expungement?

If you have committed a crime, it goes on a criminal record, which any prospective employer or university admissions department can see. A criminal record can seriously affect your ability to live your life to its fullest. Fortunately, many states have laws in place allowing certain crimes to be expunged from your record if you meet certain qualifications.

Additionally, if the Second Chance Act of 2009 passes, expungement will be available throughout the United States regardless of jurisdiction. An expunged record can open a lot of doors that would otherwise have been closed to you.

What Misdemeanors Can I Have Expunged?

Although the details vary by jurisdiction, there are some general qualifications you must meet to have your crime expunged. For starters, it must be only a misdemeanor, rather than a felony. Expungement is meant to benefit the citizen who’s made a mistake, not the serious offender. Other common requirements for expungement include:

A certain pre-determined amount of time must have transpired between the sentencing and when you are able to file for expungement.
There is only one misdemeanor on your record, and it is non-violent.
All terms of your sentence have been carried out.

Some of the most common crimes that can be expunged are:

Petty theft
Public intoxication
Disorderly conduct
Trespassing
Vandalism

Other misdemeanors may be eligible for expungement, depending on the crime and the jurisdiction. If you have one of these charges on your criminal record, it can prevent you from pursuing the life you wish to have. You owe it to yourself and your future to have the charge expunged from your record. You may find it beneficial to engage a lawyer who specializes in expungements to help you during the process.

For more information about legal expungement, visit http://www.rhodeislandexpungementlawyer.com

Question by Stephenzz: How long after an expungement in Ohio before background check is clean?
I am going for an expungement hearing in about one week. If I am granted the expungement, how long before a criminal background check does not see my conviction? Also, is there a list out there of all the government agencies that hold conviction information? I am in dire need of this to get off my record quickly!
The expungement hearing is in Mahoning County.

Any and all information and personal experiences are welcome!

Best answer:

Answer by kaisawheel
Once a record is EXPUNGED (not dismissed, not nolle prossed, not not prosecuted – EXPUNGED) the record is not longer legally reportable by anyone.

You will need to ensure that all records from the court are properly taken care of, and also contact the agency that arrested you, the department of corrections if you served any time and your state police agency to make sure that all applicable agencies also expunge your history from their records.

In some cases, your records will remain on file with those agencies but will not be available to the public. Just cover all your bases, talk to the courthouse and ask for advice and you should be ok. Do not be surprised if the record shows up on background checks in the future, just be prepared with certified copies of your expungement records, never throw those out and always keep full copies on hand just in case.

If an agency reports your case after your expungement has been granted, contact them and offer to provide the certified copies, and they will investigate and retract the record once they can confirm is not reportable.

Give your answer to this question below!
To expunge or not to expunge
THIS issue has again been placed in a negative light by a certain individual who doesn't have all the facts before she makes hysterical accusations and statements that the bill, “The Restoration of Rights and Expungement of Criminal Records Act of 2010 …
Read more on Marianas Variety

Erasing Your Criminal Background Legally: Kansas Edition The Ultimate Guide to Second Chances

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www.tibbslawoffice.com Expungement “Are criminal records automatically expunged after the passage of time?”These videos are designed to educate viewers on Ohio criminal law. These videos are not intended as legal advice. Please consult a local attorney regarding your specific situation. TIBBS LAW OFFICE, LLC 10921 Reed Hartman Hwy #213 Cincinnati, OH 45242 Phone: (513)-793-7544 Fax: (513)-297-7544 Cell: (513)-309-4546 Email: Daryle@TibbsLawOffice.com Blog: PersonalLegalSolutions.blogspot.com

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2 Responses to “Can I Get My Misdemeanor Expunged?”

  • Jeanne:
    1 of 1 people found the following review helpful
    5.0 out of 5 stars
    Essential Information on Erasing a Criminal Background, March 16, 2011
    By 
    Jeanne (Bowie, MD) –

    Amazon Verified Purchase(What’s this?)

    A family member was convicted of a minor crime and this crime followed him everywhere. He was actually arrested and charged with other crimes he had nothing to do with. Because he had the criminal background he looked good for the charge. This happens to so many people. Once convicted the chance of being charged with a similar crime sky rockets even if you had nothing to do with it. I am so glad I got this book and read it. I have been able to erase these charges for him. He now has a job he loves and is making $60K/year. Before the records were cleared he couldn’t even get a job as a janitor.

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  • Andrew Johnson:
    1 of 1 people found the following review helpful
    5.0 out of 5 stars
    Amazing. So straighfordward. Clear explanation. Clear process, November 7, 2010
    By 
    Andrew Johnson
    (REAL NAME)
      

    Amazon Verified Purchase(What’s this?)

    This book is so easy to follow. Obviously a great deal of very professional research has gone into this. A great reference and manual. Well done! 🙂

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