Many criminals convicted on misdemeanor charges dream of expungement because it gives them a second chance. Individuals can get their cases expunged by appealing or completing a sentence and paying the fines charged. Having a good lawyer comes in handy in attaining a successful case dismissal.
Many think that expungement is unnecessary. But they don’t know how long a misdemeanor stays on their record. A misdemeanor will stay on record until you expunge it.
In this article, we’ll examine everything you need to know about expungements. Read on to discover how to get a case dismissed, the factors affecting expungement, and its importance in the long run.
Factors Affecting the Expungement of an Individual’s Conviction
As mentioned, various factors affect how fast expungement might happen. These include:
An Individual’s Criminal Background
You’re in luck if you have a clean history. The court can conveniently drop your current case, unlike when you have multiple offense records.
Seriousness of Your Offense
Some misdemeanor cases might have varying jurisdictions on whether a specific conviction can get expunged.
Compliance with the Law
The judiciary can drop your criminal files after completing the required sentencing or payment of fines. However, you might need to appeal via a misdemeanor case attorney.
Your Lawyer’s Expertise
You should get a credible advocate who’s successful in dismissal cases. You can ask for a recommendation or research the best law firms around.
Victim’s Effect
If there are victims, their input can influence the court to drop or withhold your criminal files.
Case’s Impact on Your Personal Life
The court may find it unfair to withhold your case if the conviction has extremely affected your life. This can be in terms of losing a job or negatively influencing your health.
Time Expired Since Your Conviction
Some states and jurisdictions have waiting periods before dropping an individual’s conviction.
Examples of Misdemeanor Cases
So, what are examples of misdemeanor cases?
- Petty theft and vandalism: This includes stealing and damaging goods/commodities below a certain amount. Petty theft cases include shoplifting.
- Trespassing: You might unintentionally trespass on someone’s property, leading to a county or municipal court conviction. Ensure that you do not conflict with zone/property owners to increase your chances of an expungement.
- A DUI case: A DUI arrest can be dropped if it was your first time or when there were no personal injuries or wrongful deaths recorded.
- Petty drug possession: For instance, some states haven’t legalized marijuana. Therefore, you’ll get arrested after traveling with the drug from one region to another.
- Disruptive behavior and public intoxication: These offenses can attract detention for hours or days.
How Cases Get Dismissed or Expunged
The following information includes the procedures you take and how the court acts to dismiss your criminal record.
Stage 1: Appeal for Case Dismissal
You can get a dismissal via a court appeal, where the law sets the plea aside for evaluation. A successful appeal depends on the seriousness of your case and the experience of your attorney.
Stage 2: Waiting Period
Waiting periods vary from one state to the other. Ensure you do not commit any crimes during this timeframe to avoid jeopardizing your chances.
Stage 3: Expungement Review
The final evaluation process highlights whether the expungement is necessary. The court can determine whether you can commit other crimes through your criminal history. Therefore, having a repeat crime might tamper with the process.
Stage 4: Case Dismissal Order
If you’ve passed all requirements, it’s time to drop your criminal files/records. The case’s conviction record will remain nonexistent in state law records.
Conclusion
Remember that not all petty cases and misdemeanors are expungable, as some might involve long-term consequences to the victim. Additionally, what you do during the waiting period can affect how the court reviews your appeal.
