Expungement Hearings

The process of expunging a record means having a criminal record cleared and the court file sealed. You may want your record expunged to stop some potential employers or landlords from seeing your past record. Or, perhaps, you simply want a fresh start.

Not all people are eligible to have their criminal records expunged; only first time offenders are eligible. A first time offender is a person who has been convicted of only one criminal act. If you have two or more convictions as a result of the same event, you too are eligible for expungement. The law requires various waiting times before you can apply for an expungement. For instance, if you were convicted of a felony, you must wait three years from the date of your final discharge. For a misdemeanor, you must wait one year from the final discharge. Final discharge means all terms of the case are over. That means all of your sentence, including probation and/or post release control have all been terminated.

Despite a first offender status, there are some crimes that are not eligible to be expunged. Some examples include: rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition, sexual imposition, domestic violence and OVI/DUI. There are other non-expungeable offenses, but this list provides a few examples. Contact Valore & Gordillo to see if you are eligible to have your criminal record expunged.

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