Misdemeanors are low level offenses that can still carry jail time if you are a multiple offender or the offense was particularly egregious. Even though a misdemeanor conviction is not as serious as a felony and does not carry the same stigma, it can still present you with significant issues with employment, school, and renting. A misdemeanor does not result in the same rights loss, such as the right to own or posses a firearm. About 80% of employment applicants go through a criminal background check. Landlords now also often require a criminal background check to assess their liability and exclude potential trouble makers, or those that may have trouble keeping up with the rent. Criminal background checks have become wide spread and there are now a large number of sites for the public to order one on any public records.
The Kolodzi Law Firm can expunge these misdemeanors from your record. An expungement is a procedure that opens your conviction up to change your plea from guilty to not guilty and dismiss the charges if it is in the court’s best interest. Once an expungement is granted, the major criminal databases will have to remove your records from the public record. Contact The Kolodzi Law Firm to discuss how we can help with your misdemeanor or other criminal offense and petition for expungement.
What is a Misdemeanor?
Some examples of misdemeanors are:
- assault with no or minimal injury
- some domestic violence
- petty theft
- public drunkenness
- driving with a suspended license
- prostitution offenses
- reckless driving
Some of these offenses are considered “wobbly offenses” where a district attorney or prosecutor has the discretion to make the charge either a misdemeanor or a felony. In some cases, the charge may even be just an infraction, which does not carry jail time.
What conditions are there for Expungement?
Before we can file a petition for expungement, you must meet the following conditions:
- You must not have server any time in a state prison
- All of your probation conditions must be satisfied including payment of any fines or restitution, treatment programs or community service
- There are no outstanding or pending criminal charges for any other offense
- Your offense did not involve sexual misconduct involving a minor
- The offense did not include certain types of pornography matters
- There are some exceptions regarding the offenses for which the court will generally not grant relief. Consult with an expungement attorney from our office to determine if you have met all the required conditions or if an exception exists for you.
What benefits can I expect with an Expungement?
An expungement removes your criminal records from the major criminal databases, this means that your records will no longer be accessible by the public. The records are not actually destroyed but are instead sealed so that landlords, employers, and schools will not be able to find them with a criminal background check.
Expungements allow you to state on most employment and rental applications that you have not been convicted of a crime. It also allows you to apply for state certifications, student loans, and housing assistance. Request a consultation to talk about how The Kolodzi Law Firm can help with your criminal records.