Setting aside a conviction sometimes called getting an expungement will remove a specific conviction from your public criminal record. If you get an order setting aside your conviction, you can legally state on any job or school application that you have never been convicted of or arrested for that crime. You will also be able to state on any applications for public benefits, housing, or employment that you have not been convicted of that crime.
This means that the court and MSP will know of any convictions you set aside, should you apply to have another conviction set aside in the future. A conviction that has been set aside can also be used as a factor in your sentencing if you are convicted of another crime in the future.
A conviction is any misdemeanor or felony charge for which you were found guilty. You could have been found guilty by a judge or jury, or you might have signed a plea agreement stating that you were guilty of a crime. The new law changes the number of convictions people can have set aside. There is not a limit to the number of misdemeanors that you could have set aside in your lifetime. Up to three felonies can be set aside in your lifetime. If you have more than three felony convictions, you may not be eligible to set aside any convictions.
However, in some limited situations, multiple convictions to be counted as one. You can only set aside two convictions for assaultive crimes in your lifetime. Review the record carefully. If there are any errors on your record, see the Common Question What if there is incorrect information on my criminal record? You will need to submit a copy of your fingerprints. Yes, certain convictions cannot be set aside. Convictions for the following offenses cannot be set aside:.
You should first see if you are eligible to apply. Read the article Setting Aside an Adult Conviction for more details. If you are eligible and waited the required time, get your fingerprints and a certified copy of your record of conviction. File the application with the court where you were convicted. You will need to attend a hearing on your application to set aside your conviction.
If the judge approves your application, you will need to verify with the Michigan State Police and Department of Corrections that your record has been made nonpublic. There is a waiting period before you can file your application to set aside most convictions. The waiting period starts from whichever of the following happen last for the conviction you are trying to have set aside:.
When a conviction is expunged or set aside in Arizona, a records check will probably show the original charge and conviction. However, it should also show that the judgment was vacated and that an order of dismissal was entered. For someone convicted of a felony, a set aside can be very important because it has the effect of releasing the defendant from all penalties and disabilities resulting from the conviction with some exceptions.
See A. Although there is a prior felony conviction, the record also indicates that the person successfully completed all court requirements and the Court vacated the judgment and dismissed the charges. The focus moves to the present and to positive attributes, rather than on past transgressions. For someone convicted of a misdemeanor, the benefits of a set aside are less because misdemeanor convictions do not impose the same restrictions on constitutional rights that a felony does.
In addition, a misdemeanor does not carry the same stigma in the community as a felony conviction. Further, there may not be the same barriers to employment and housing. However, some misdemeanor convictions, such as drug convictions, can present obstacles to employment and housing so a set aside may be helpful.
A set aside may be available if a person was convicted of a felony in an Arizona Superior Court and that person has an absolute discharge from probation or prison. If a person is convicted of a misdemeanor in a Justice or City Court and successfully completes all court orders, that person might be eligible to have the conviction set aside. If the Court grants the application to set aside a conviction, the Court will set aside the judgment of guilt. The Court will dismiss the accusations or the information the document that charges a person with a crime.
The functional effect of these remedies also varies from state to state. In some states sealed or expunged records remain available only to law enforcement, which is sometimes required to obtain a court order. In others, public employers and licensing boards may have access, or any private entities authorized by law to conduct a background check e. In Indiana, an expungement does not limit public access to the record of most felonies, although expunged misdemeanors and non-conviction records are sealed.
In a few states the law directs that expunged records should be physically destroyed e. In alone, 27 states and D. Five of those states enacted their first general authority for expunging or sealing convictions North Dakota, New Mexico, West Virginia, Delaware, Iowa , making record relief available for the first time to thousands of people.
Law Rev. The Model Penal Code endorsed set-aside, and the ABA Standards endorsed expungement, but neither organization included this relief in their more contemporary proposals. The only model policies on sealing convictions were published in by a California nonprofit, suggesting four principles: relief should 1 include an automatic relief mechanism; 2 come at or soon after the end of sentence; 3 be focused to maximize safety; and 4 extend to a wide spectrum of offenses.
Lenore Anderson et al. As noted in the previous section on pardon, about a dozen additional states make pardon grounds for expungement. Those states all have separate laws allowing at least some felony and misdemeanor convictions to be expunged or set-aside even if they have not been pardoned. Code Ann.
See, e. Jones v. DeSantis , Case No. In , Washington state modified its laws so that a person need not have satisfied financial obligations to obtain a certificate of discharge a prerequisite for sealing , as long as all other requirements of the sentence are satisfied and five years have passed since completion of supervision.
In , New Jersey allowed courts, when considering expungement petitions, to waive financial obligations or convert them to civil judgments. In Oregon closure is available for many non-violent misdemeanors and less serious felonies, but only if the individual has not been convicted in the previous 10 years or ever, if the record for which closure is sought is a Class B felony nor arrested within the previous three years.
In New York and Michigan, many felony offenses may be sealed, but each applicant may only seal one felony conviction, and only if the person has no prior felonies as well as less than 2 misdemeanors in New York, or less than 3 in Michigan. The Clean Slate Initiative has been a leader in advocating for automatic relief. Barr , No. If you have any questions, call Lohrke Law for a phone consultation with an expungement expert who will determine eligibility and pricing.
The terms expungement and set aside in terms of Oregon rights restoration law can be confusing because they are often used interchangeably. Expungement, or expunction as it is sometimes referred to, is a commonly used term. When a person is in the process of doing this, the paperwork filed with the court is a Motion to Set Aside. When a petition is filed to have a juvenile adjudication removed from a record, this is known as an expungement and the necessary paperwork to be filed is called a Motion to Expunge.
Expungement can be a misleading term because in order to expunge a conviction or arrest does not rewrite history, deny the occurrence or remove all traces of an event. In very specific circumstances, a judge can even unseal a set aside conviction. What expungement or set aside does is limit the purposes for which official records can be used to examine the past event. It allows a person to legally deny, even under oath, having been arrested or convicted of the offense that has been set aside.
Conversely, a juvenile adjudication that is expunged can never be unsealed or exhumed. When examined in detail it becomes very clear that while expungement and set aside are similar and are often used interchangeably, they are clearly not the same. These prices are current as of July Lawyer fees are necessary for an attorney to represent you during a petition for a conviction set aside or expungement.
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