| An expungement is a process where a conviction or plea of either Guilty or No Contest in a criminal case is set aside and the case is dismissed, including a DUI arrest. |
Expunge MisdemeanorExpungement can come in many different types, including for misdemeanor expungement. The relief available will depend on the type of conviction (misdemeanor charge, felony, or "wobbler"), the type of sentence received (probation with or without jail time, state prison), the age of the offender (juvenile or adult), and if an innocent claim that is based on facts can be made out. Criminal offenses are defined by the type of punishment that can be handed down. Misdemeanors are offenses that are punishable by a fine, and/or up to one year in county jail. Felonies are punishable by a fine, and by time spent in a state prison. Wobblers are cases that can be punished by either up to one year in county jail, or by imprisonment in state prison. Courts are separated with respect to the impact of a probation violation during the course of probation. Many of the courts in which the author practices will grant the expungement, even if there have been violations during this process, so long as the other criteria are satisfied. There are some courts, however, that view a misdemeanor probation violation as vesting the court with the authority to deny the expungement. The language used at the beginning of your state's Penal Code Section should appear to make the granting of this relief mandatory; some courts take the position that a probation violation makes that relief discretionary. The other information is set forth in the statute itself: the person seeking misdemeanor expungement must make the decision that the petitioner is not a) serving a sentence of any offense, b) on probation for any offense, or c) charged with the commission of any offense or DUI / DWI punishment. If any of these three things is taking place, the petition for relief will be be denied over all. |
