• Patricia Brandt, Attorney


A criminal record may be sealed or expunged so that it is not available to the public. A conviction, dismissal, not guilty verdict, nolle, no bill by a grand jury, or arrest record may be sealed.

The expungement application may be made at the expiration of three years after an offender's final discharge if convicted of a felony, or at the expiration of one year after an offender's final discharge if convicted of a misdemeanor. Final disposition includes any time on probation or a community control sanction or parole.

All court fines, costs, and restitution must be paid at least one year before you can file for sealing o

f your record for a misdemeanor offense (three years for a felony). In addition, you cannot have any pending cases.

Are all convictions eligible to be sealed? Not all charges/offenses are eligible to be sealed. The following convictions are ineligible to be sealed: •Convictions with a mandatory prison term; •Sex offense convictions; •Convictions of violent offenses that are felonies or first-degree misdemeanors, with the exception of simple assault; •Convictions of felonies or first degree misdemeanors where the victim is under 18 years old; •Convictions of first or second-degree felonies; •DUI convictions; and •Driving under OVI suspension convictions

The granting of the sealing of your record(s) is within the sole discretion of the sentencing Court. To grant the request, the Court must find that you are an eligible offender and have been satisfactorily rehabilitated. You can expect the court to consider whether you (1) are working, (2) have ass

umed responsibility for your conduct, (3) have engaged in any substance abuse treatment programs, if applicable, (4) have enrolled in or completed any educational programs and (5) any additional evidence of leading a law-abiding life as a contributing member of society.

Don't delay, contact an attorney today and get your record sealed.

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