Q&A Series: Expungement

When can I get an expungement?

Generally speaking, the more serious the crime, the longer one must wait before being eligible for an expungement. For example, to expunge a misdemeanor conviction, one must have no new crimes for at least two years since the sentence was discharged. To expunge a gross misdemeanor conviction, one must have no new crimes for at least four years since the sentence was discharged. Only certain enumerated felonies are eligible for a statutory expungement, and only if one has had no new crimes for at least five years since the sentence was discharged. To help persuade the court to grant an expungement, demonstrating hardship caused by the resolution of the case should be shown. The prosecutor, any crime victims, and any agency with records related to the case can all provide input to the court regarding their position on expungement. Therefore, preparation and thoughtful representation is important for every expungement petition.  

For a free consultation about whether you are eligible for an expungement, contact Bain Law today at 612.206.3767.