What is Misdemeanor Expungement?
An expunged misdemeanor is when a charge can be sealed from public view or even in some instances get the misdemeanor charge completely and permanently removed from a persons criminal record. There are circumstances that will play into if someone can get the charge expunged. Once being how severe the case is, and what state the person is in. This is because individual laws differ from state to state.
What is classified as a misdemeanor?
A misdemeanor is classified or defined as s less serious crime. Typically these crimes would carry either jail time of less than one year of jail time, or fines.
What types of Misdemeanors get expunged the most?
Because laws differ from state to state and change more often than not. Because of this, we are listing some of the most common types of charges that are considered to be a misdemeanor that could be expunged depending on the person’s criminal history and state.
- DUI
- Non-violent crimes
- Trespassing
- Resisting arrest
Keep in mind that all states have different laws pertaining to getting a misdemeanor expunged. We encourage you to seek legal help by speaking to an attorney in your state that knows the laws. DUI is an example of a misdemeanor that may not be able to get expunged, especially if serious bodily harm was caused. Or if the person has been arrested on a DUI or DWI charge in the past.
How does one apply to see if they are eligible for an expunged misdemeanor?
There is a process to try and get approval to expunge a misdemeanor. With that said the first process would be to apply for the expungement. This is done in writing with the proper court system. In general, one could see below as what the process may be like. Do keep in mind that all states are different.
- Serve the terms of the sentence
- No pending proceedings
- Have a limited amount of prior charges against you
- Complete any probation with no incidents
- Waiting period must be met. These times are different from state to state
Some things an expunged Misdemeanor cannot help you with
There are things that will not help a person even if a record is expunged. Gun owners are something unclear about this. But it cannot help in restoring gun ownership for a person or help a person from registration on a sex offender list.
It is often asked how to approach an employer or landlord if you have successfully expunged a record. The answer is you can honestly and legally tell your employer or landlord that you were not convicted of a crime. Having a expungement successful get done makes a big difference if the every day life of a person.
Should you seek the help of a lawyer to expunge a misdemeanor?
In our opinion, if you have the means and can afford the help of a criminal attorney that knows the laws of expungement in your state then you should hire an attorney to help with the process.
Criminal attorneys will know how to navigate the system quicker and more efficiently than the average person and it could mean the difference of getting a misdemeanor expunged. We think it is a smart move to get help on matters pertaining to law within your state.
