When facing a criminal charge, or after having been sentenced for a criminal charge, one of the things you may want to know is if you can get the charge expunged from your record, either right away or after a certain amount of time. While The Law Office of Lisa Pelosi can’t assist with actually getting a charge removed from your record, we can provide you with information and guidance that could give you some peace of mind. If you’re fighting against a criminal charge, contact a criminal defense attorney in New York who can prevent the charge from going on your record in the first place.
Expunging a Misdemeanor Charge
Whether you were charged with a misdemeanor DUI or a domestic dispute, according to the law, you are a criminal. You may have pled guilty, served some community service, paid a fine, or both, but another consequence of a misdemeanor is that it stays on your record. Depending on the crime, the charge may be a permanently on your record; a sex crime, for example. That means when there is a background check for a job you applied for, the misdemeanor will show on your record.
The good news is that with misdemeanor charges, there’s a greater chance that the charge can be removed from your record than if it were a felony charge. You will first need to see if you are eligible. Then, it’s a matter of filling out paperwork and possibly making a court appearance. When a misdemeanor is expunged from your record, the court will treat you as if the crime was never committed. Feel free to consult with an experienced criminal defense attorney for specific information about your case.
Expunging a Felony Charge
Every crime and situation may vary, so be sure to speak with a criminal defense attorney in New York who can guide you through the expungement process. Felony charges can still be expunged from your record; however, it is important to note that it depends greatly on the crime. Before a charge is removed from your record, there may be some criteria that needs to be met:
- Completing a waiting period between the time of the charge and when you are eligible to expunge the charge.
- Terms of the conviction must be met, which means that fines must be paid and probation has been completed.
- There have been no other crimes committed.
- There is evidence that you are pursuing rehabilitation, whether that’s going to school, finding employment, or going to meetings.
If these criteria have been met, there is often a fee that must be paid to the court, paperwork to be filled out, the prosecutor who handled the charges will be notified, and a judge will decide on whether or not to expunge the crime of your record.
Keep in mind that not all types of felony charges can be expunged from your record. Violent felonies, sex charges, and many other more serious crimes do not qualify for the charge to be expunged from a record.
For expert advice and a professional opinion on your specific situation, get in touch with a criminal defense attorney in New York. The Law Office of Lisa Pelosi has the experience and knowledge to fight for your case and offer guidance on getting a charge expunged from your record.
