Many organizations, businesses, and agencies require a background check for applicants. Having criminal charges on your record can hinder:. To find out more about how your criminal record may affect you, view this helpful tool from the American Bar Association. Usually, the verdict or outcome of your case determines whether specific records can be expunged. It does not matter whether your case was a misdemeanor or a felony.
For most offenses, if you have been convicted found guilty , the records about that charge cannot be expunged. There are exceptions. Learn more about which records can be expunged and which cannot. If you were charged with more than one offense based on the same incident, transaction, or set of facts, you can only have records from that case expunged if ALL of the charges from that incident are eligible for expungement. For example, a person might be charged with three separate offenses based on the same incident.
The person might be convicted of one of the three charges, and have the other two charges dropped. If the conviction is not expungeable, the person will not be able to expunge the records from the two charges that were dropped either. The only exception to the Unit Rule is for minor traffic violations. No matter what happens with the minor traffic violation, even if you are convicted of it, it will not affect your ability to get the other related records expunged. If you were arrested on or after October 1, and not charged with a crime, your arrest will be automatically expunged within 60 days of your release from custody.
If you were arrested before October 1, , you may wish to contact the local arresting police department and ask them to clear the record. Generally, you fill out a Petition for Expungement of Records and file it with the court that heard your case. If it has been less than three years from the time your case was concluded, you will also need to file a General Waiver and Release. This filing fee is not refundable. Learn more about how to file a petition for expungement.
Generally, you must wait 3 years after your case was decided before you can file for expungement, but the rules vary based on the results of your case:.
If you were found guilty of a crime that is no longer a crime, you may request an expungement immediately. Prior convictions for possession of marijuana can be expunged immediately, but the amount you were convicted of possessing must be less than 10 grams.
If your conviction was for more than 10 grams of marijuana, you may request an expungement 4 years after satisfactory completion of the sentence. You must wait to expunge a case until every charge in that case is expungable. In all above cases, however, a court may grant a petition for expungement at any time if the court feels you have shown good cause. If you file for expungement before the waiting period has elapsed, the State's Attorney may file an objection.
You will then have the opportunity to show why you have good cause at a hearing. Read the Law: Md. The expungement process takes approximately 3 months. How We Can Help Hiring an attorney to petition the court to have a felony cleared off of your record means that you can relax, with the knowledge that you have someone familiar with the process working to get you the maximum amount of relief. The Most Trusted Name in Expungement 30, cases expunged. Top-Rated Attorneys We have more than 50 years of combined experience.
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Under this law, even if a felony has been expunged, it may still count towards the three strikes. There are some types of crimes that may be eligible for a reduction from a felony to a misdemeanor. A misdemeanor is easier to expunge than a felony, especially for non-violent crimes. Some states will recognize wobbler crimes, or crimes that can be charged as a misdemeanor or felony depending on the facts of the case.
A felony reduction lawyer can help determine if a charge is eligible to be reduced from a felony to a misdemeanor. An criminal lawyer can assist you with a felony expungement. An experienced expungement lawyer can advise you on the process, assist with all steps and represent you during any court proceedings.
You must file a petition with the court, follow procedural rules, present evidence to support the expungement request and possibly testify. It may be possible to handle the process alone but there are many steps that must be completed in a timely manner and correctly before the court will even consider an expungement request.
A expungement lawyer can advise you on local laws regarding expungement and protect your rights during the process. Jennifer Corbett. Jennifer joined LegalMatch in as a Legal Writer. She holds a J. She is a certified mediator and guardian ad litem. She holds a B. She is a stay-at-home mom and homeschool teacher of three children.
She enjoys reading and long evening walks with her husband. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Drug Crimes. Additionally, the Ohio Revised Code has been amended and passed over the years to preclude additional felony convictions and misdemeanor convictions, where there was a victim under the age of 18, including:.
An exception to this rule is failure to pay child support which is now eligible for expungement. B September Under Ohio law, after a conviction of a felony, a statutory waiting period of three years must have passed before one is actually eligible for to begin the expungement process.
The clock does not start ticking when the conviction is recorded by the Court; however, it starts from the final date of discharge. The final date of discharge is when the case sentence has been completed. This means if the Judge sentenced you to serve three years of community control on April 10, , and you completed the community control on April 10, , you would have to wait three years from April 10, April 10, in order to be eligible to begin the expungement process.
At, the time you begin the expungement process after the waiting period has expired, there can be no criminal proceedings pending against you, and you must have fulfilled all requirements of your probation, and paid all restitution, fines and cost. In some cases, the Court may waive the restitution requirement. Even if you meet all the legal prerequisites to have an expungement of felony conviction, the court must consider any objection of the prosecution and impose a balancing test under.
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