Vacating a Misdemeanor Conviction

September 18th, 2007 Filed Under Vacating a Misdemeanor Conviction

First it is important to know that you can only vacate the most recent misdemeanor committed and you can only vacate one misdemeanor. Misdemeanors come in two flavors when it comes to vacating a conviction. There are the run of the mill misdemeanors and there are the misdemeanors that have Domestic Violence (DV) tagged on. As such, both have their own, separate, requirements. There are additional elements that can confuse things but this post provides the broad strokes.

Vacating the non-DV misdemeanors requires the following:

The conviction was not a DUI or Physical Control;
The conviction was not a violation or attempted violation of what is often termed a “sex offense”;
The conviction was not violent offense or an attempt to commit a violent offense;
More than 3 years have elapsed since completion of the terms of the sentence (not the date of conviction), including any restitution requirements ordered by the court;
The person has no criminal charges pending in any state or federal court;
Finally, the person has not committed a new crime in any jurisdiction since the date of conviction.

Vacating a DV Misdemeanor requires the following:

More than 5 years have elapsed since completion of the original conditions of the sentence, including financial obligations and successful completion of any treatment ordered;
The person has no prior DV conviction arising from a separate incident;
The applicant has no criminal charges pending in any state or federal court;

Next post, Restoration of Firearm Rights.

To learn more about vacating a misdemeanor you can contact info@pelleylawgroup.com

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