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An expungement is the means by which record evidence of an arrest or criminal charge that did not result in a conviction can be removed from an individual's permanent record. This is true where an individual was found not guilty of all, or even a portion of criminal offenses charged in an indictment. Expungement only applies to charges which were dismissed, withdrawn, nolle prossed, or of which an individual was found not guilty after trial. Expungement does not typically apply to indictable offenses (misdemeanors and/or felonies) which resulted in conviction.
Expungement does, however, apply to certain non-traffic citations and summary level offenses (for example, Underage Drinking, Disorderly Conduct, Public Intoxication, Harassment) which resulted in a conviction, as long as five years have passed since the conviction and there have been no other convictions during that five year period.
The applicability and availability of expungements can be confusing. If you think that you may be eligible for an expungement, or even if you are not sure, contact attorney Moser today for a free consultation. |
