Sonja R. Porter Attorney At Law

Do I Qualify For An Expungement?

Background checks are common for jobs, memberships, and other important things in life. And anything on the record can create concerns or hinder job opportunities, even if the charges were minor, a long time ago, or even dismissed. Therefore, getting a record cleared through an expungement can open up opportunities and help a person to avoid the embarrassment of having to explain their past.

There is a lot of misinformation going around about expunging records. And to make things more confusing, the law is changing come November 1, 2014.

WANT TO KNOW IF A CHARGE OR MULITPLE CHARGES CAN BE REMOVED OR CLEARED FROM YOUR RECORD? The process is called an expungement.

Learn More About Expungements

NOTICE: Currently the statute provides that cases dismissed with one year of the arrest date are immediately eligible for expungment. This includes those on short deferred sentences designed to have the case dismissed within the one year period. However, come November 1, 2012, those cases that are dismissed within the one year period as a result of completing a deferred sentence will no longer be immediately eligible, but will have to wait two years after the deferred is over.

 

1. The person has been acquitted (found Not Guilty) of the charge(s) after a jury or bench trial.

2. The person was convicted (of any charge),

+ the conviction was appealed, and

+ the conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge;

3. The person was convicted and the factual innocence of the person was established by DNA evidence subsequent to conviction, including a person who has been released from prison at the time innocence was established;

4. The person was convicted by but has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;

5. The person was arrested and not charged.

+ no charges of any type, including charges for an offense different than that for which the person was originally arrested are filed and the statute of limitations has expired

or

+  the prosecuting agency has declined to file charges;

6. The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense;

7. The person has one or more MISDEMEANOR OR FELONY CHARGES,

+ all charges have been dismissed (for any reason other than a completed deferred or delayed sentence)

+ the person has never been convicted of a felony,

+ no misdemeanor or felony charges are pending against the person, and

+ the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled;

8. The person successfully completed a DEFERRED sentence for a MISDEMEANOR:

+ the person has never been convicted of a misdemeanor or felony,

+ no misdemeanor or felony charges are pending against the person,

+ and at least two (2) years* have passed since the charge was dismissed.

*After November 1, 2014, a person will only have to wait one (1) year since the charge was dismissed.

9.The person successfully completes DEFERRED sentence for a NON-VIOLENT FELONY:

+ the person has never been convicted of a misdemeanor or felony,

+ no misdemeanor or felony charges are pending against the person, and

+ at least ten (10) years have passed since the charge was dismissed.

10. The person was CONVICTED of a MISDEMEANOR offense,

+ the person has not been convicted of any other misdemeanor or felony,

+ no felony or misdemeanor charges are pending against the person, and

+ at least ten (10) years have passed since the conviction.

11. The person was CONVICTED of a NON-VIOLENT FELONY offense:

+ the person has received a full pardon for the offense, (Click here for more information on Pardons)

+ the person has not been convicted of any other misdemeanor or felony,

+ no felony or misdemeanor charges are pending against the person, and

+ at least ten (10) years have passed since the conviction; or

12. VICTIM OF IDENTITY THEFT: The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person’s name or other identification without the person’s consent or authorization.