Is there a way to get a misdemeanor off ones record so when filling out a job application you can check the NO box when asked?
2007-10-19 09:42:22 · 5 answers · asked by LoraC 2 in Politics & Government ➔ Law & Ethics
This occurred 17 years ago and the misdemeanor question comes up around where I live all of the time. Is an expungement the same as it being dismissed by the court? Will it be completely eliminated at the DOJ?
2007-10-19 09:57:50 · update #1
Expungement.
Go to the clerk's office at the court you pled/were found guilty; ask for an expungement form.
You then file the form, and they refer it to the DA's office, who may stipulate to the expungement.
Otherwise, you can plead your case before the judge.
Generally, it has to be 5 years since the conviction date.
Good luck!
2007-10-19 09:47:23 · answer #1 · answered by MenifeeManiac 7 · 1⤊ 0⤋
Go back to the court with documents that show you have stayed out of trouble (kept a job, home, no record since, even your credit record), and file a motion to have your case expunged. You shouldn't need a lawyer, but it wouldn't hurt. The court clerk can help you fill out the motion.
Expungement will not eliminate your deed from the records (there will still be paper court documents in a file in the "basement of the courthouse"), but if anyone does a public search they will come up with a "blank".
The judge may grant the expungement, outright say no, or tell you that you have to wait for another few years and try again.
Pray you get a nice judge.
.
2007-10-19 09:50:48 · answer #2 · answered by tlbs101 7 · 0⤊ 0⤋
It varies from state to state, like in Oregon it has to be over 3 years since the misdemeanor with a clean record, good citizenship, holding a job, etc. and certain crimes never qualify for expungement, like I think drugs or child abuse but I'm not positive. Call a criminal defense attorney and ask.
2007-10-19 09:58:16 · answer #3 · answered by Wintergirl 5 · 0⤊ 0⤋
If it's just a Misdemeanor I wouldn't worry about it - I've only seen where they ask if you've ever been convicted of a felony on job applications.
If you are trying to go into a job such as law enforcement then it's usually a different situation.
2007-10-19 09:51:30 · answer #4 · answered by chris 3 · 0⤊ 0⤋
I was under the impression they could only ask if you had completed a felony or felonies.
2007-10-19 09:48:25 · answer #5 · answered by Anonymous · 0⤊ 1⤋