How to get something expunged or sealed?

Question

I have a misdemeanor shoplifting charge from 2000.  Can that be expunged or sealed?  I was convicted and got probation and a fine...long since done.  It's keeping me from getting certain jobs and I haven't been in trouble since.  Is it worth it to try and get it removed?

Andrew Subin · Answer

Yes. This can be expunged.  I usually handle these for less than $500.

Anthony Lowenstein · Answer

It depends on several factors.

Cindy L. Barton-Coombs · Answer

There is a procedure to have a crime expunged.Go to Petition to Expunge and follow the directions.You can also hire an attorney to do the steps for you.Good luck.

Joshua Aldabbagh · Answer

A misdemeanor can be sealed after two years from the close of the case. Your record appears to be eligible for sealing; you should contact an attorney and proceed with the record sealing. Upon the sealing of a person's records, it is the same as if the proceedings never occurred. You may answer accordingly to any inquiry about criminal history, including in job applications.

Scott Tibbedeaux · Answer

Yes, it is certainly worth getting it removed however, "conviction dismissed" or "expunged conviction" may show up on the background check. The best advice is to be honest about your situation.

Paul J. Wallin · Answer

You can retain a criminal defense lawyer who can file a motion on your behalf per Penal Code Section 1203.4.

Stephen Freeborn · Answer

It is extremely difficult to get a case sealed and far easier to get something expunged. If you have nothing on your record since and the shop lift was a one time occurrence, and you have complied with all terms and conditions of your sentence, you could motion the court that heard the matter and the judge could agree to allow you to withdraw your guilty plea, thereby removing the conviction. It is certainly worth a try.

Michael Palumbo · Answer

You can retain our office to make an application for relief from disability.

Seth Bloom · Answer

If you have successfully completed the terms of your probation and/or sentencing then it is likely that you will be able to have your record expunged.  The expungement process is subject to some approval by the DA and a judge so it is impossible to guarantee that you will be successful but it certainly sounds possible.

Jonathan Willett · Answer

Hello-  With the nature of this offense, it cannot be sealed unless you received a deferred judgment, which resulted in a dismissal.  Otherwise, under the current state of the law, it cannot be sealed unless you receive a gubernatorial commutation (pardon).

Jared Altman · Answer

You cannot get it removed. It will be on your record forever. Sorry.

Michael J. Breczinski · Answer

What is needed for an expungment is several things. First it is your only conviction ( There is a change in the law that allows more than one conviction in certain circumstances.) Second it can't be a offense that carries life as a punishment. Third it can't involve a traffic type offense like drunk driving. Fourth 5 years have to pass from the date of sentencing or if you were incarcerated, date of release. Finally you have to convince the judge that you deserve to have it expunged. (It is in the judge's sole discretion.) Get an attorney to help you.

Leonard Harden · Answer

Yes you can annul a misdemeanor 3 years after everything is done.  RSA 651:5 sets out annulment law.  There is no reason to have that conviction haunting you.  Feel free to contact me if you have any questions.

Sean Walsh · Answer

It can be removed from your record.  There are various ways to get this done.  You need to contact an attorney familiar with the county court in which you were convicted.  This should be inexpensive.  Where is the conviction?

Terry Nelson · Answer

Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending.  If successful, the conviction would be withdrawn and the charges dismissed.  Expungement does not clear,  'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'.  When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.  If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

Eric Sterkenburg · Answer

This is a conviction that can be expunged. Do so.

Maureen Baldwin · Answer

If you have pled guilty or no contest, you can ask for a record clearance under PC 1203.4. That means that your guilty plea is set aside and the case is dismissed. Under CA law, you do not need to disclose the conviction unless you are applying for a state or local license. The problem is that when you apply for jobs, the company usually uses a background-checking service which will bring up your case number and the courthouse where it occurred. If you are considered for a position, usually someone goes to the courthouse from a record-checking service used by your prospective employer. While your file is NOT a conviction and you have all your rights restored, a record clearance does not remove your file from the courthouse. That means prospective employers will see that although you do not legally have a conviction, you were arrested and prosecuted for shoplifting. In this economy, many people find it harder to find jobs. Many employers  have a specific amount of years that they look back at someone's record. Your conviction is 11 years ago. It is up to the company regarding how long they wish to look back. An 11 year old petty theft is not as likely to be picked up as a 5 year old crime. However, criminal files are public records.

Elvin Garry Grundy · Answer

The Arizona Legislature has provided a pathway for individuals disabled by felony and misdemeanor convictions. Unfortunately, the process to expunge and seal damaging court records boasts no right to a court hearing and is a closed process. The success of your application will be solely based upon carefully prepared legal memoranda submitted by you or a licensed Arizona attorney. Reclaim your name. Contact us today. Flexible payment plans available.

Steven C. Bullock · Answer

There is an expungemnet procedure proscribed by statute.  Best to hire  an  attorney to get you through the process.

Craig Elhart · Answer

To get a matter expunged, you would have to file a motion seeking expungement with the court where the conviction occurred.  The motion cannot be filed prior to 5 years after the conviction and would have to follow all applicable statutes and court rules.  You may wish to seek the advise of an attorney to assist you.

Susan Correia-Champa · Answer

You can file a request to have your record sealed.  It will never be   removed from your record, however, it will prevent prospective employers from   seeing your record.

Roianne Houlton Conner · Answer

Unfortunately, Alabama does not have an expunment statute.  There has been one introduced in the Alabama legislature for several years but it has not passed.

Jeff Yeh · Answer

You are eligible once you have successfully completed probation, have no other pending criminal case(s), and am not on probation for anything else. Contact an attorney to file the petition for you and conduct the expungement hearing.

Philip Hache · Answer

Yes, you are potentially eligible to get the conviction expunged if you meet all the criteria.

Robert Keates · Answer

If you have a Conviction, then it cannot be expunged.  You'd have to apply for a Governor's Pardon.

Thomas Baynton · Answer

Yes, this can been done if this is the only conviction you have. Contact a competent attorney in your area.

Jules N. Fiani · Answer

Yes, you can have it expunged.

Jeffery Cojocar · Answer

Yes,

Timothy Klisz · Answer

Yes, if you have only one conviction ever, it can be set aside. I have great success with these.

Jared Austin · Answer

If it's hampering you in some way, then it's worth it. It's difficult to get a record sealed so an expungement will be your best option. As long as that is the only charge of any kind (misdemeanor or felony or juvenile adjudications) on your record, then you would be eligible to apply for an expungement. Contact our office or seek an attorney in your area that specializies in them and they can help you through the process.

Eric Rothstein · Answer

New York does not expunge and convictions don't seal.

James Schoenberger · Answer

Misdemeanors can be expunged three years after all the conditions of the sentence have been completed.

Thomas Ogas · Answer

Get it off your record.  Yes.  It is worth it.  You can legally tell employers that you have a clean record.  Check in with your county courthouse to see if they have a self-help center or a pro-bono expungement program.  If not, contact a lawyer to file the motion for you.

Cynthia Henley · Answer

You say you were convicted but got probation. If you were convicted and got straight probation, there is nothing you can do. If you actually got deferred adjudication probation and successfully completed it, then you can petition the court in which you were prosecuted for nondisclosure - the sealing of your record. You would be best served by hiring a lawyer to be your mouthpiece.

Christopher McCann · Answer

You should absolutely try immediately. You can get a misdemeanor conviction "expunged" as soon as you complete probation. This legally is a withdrawal of the guilty or no contest plea, and entrance of a not guilty plea, and a dismissal of the accusatory pleading against you under Penal Code section 1203.4. If you successfully completed probation without a violation, you are entitled to have your request granted. You will need to fill out and file the appropriate forms and pay a filing fee of approximately $120.00 Keep in mind, however, that an expungement does not provide you total protection. The federal government still treats it as a conviction for immigration purposes. Also, an expungement does not preclude law enforcement and district attorneys from seeing the expungement in your Department of Justice record. Finally, government jobs and licensing applications still often require that you acknowledge if you have ever had a conviction expunged.

Joseph Dane · Answer

If this happened when you were over 18, you cannot seal it in California.  We also don't have a true "expungement" law that will remove things from your record.  The closest thing we have is a dismissal pursuant to Penal Code section 1203.4.  Assuming you successfully completed probation and are not on probation for any other offenses, you can petition to have your case dismissed.  If granted, it will allow you to tell most private employers that you have not been convicted of a crime.    It doesn't erase it from your record, just puts a notation that your case was subsequently dismissed.  It still remains, however and can be used as a prior, should you get theft offenses in the future, etc.    That's as far as current law will allow you to clean up your record.

Edward Kroll · Answer

Absolutely.  if you've had a clean record since then, it should be a straightforward matter to have the arrest records sealed and the conviction expunged.  Most criminal attorneys in Oregon can do this, myself included.  I'm happy to give you a free consult and discuss the process.

Harley Gutin · Answer

You can have one case, if the case falls into a certain category, expunged in a lifetime.  I would think that the shoplifting charge can be expunged.  My office charges $750.00 to handle that.  You can do it yourself with a little effort.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

How to get something expunged or sealed?

38 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer