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