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Can my Class A misdemeanor get expunged?
Anonymous6 views3 answers
I was charged with a Assault felony 3rd degree, the court dropped it to class A misdemeanor and gave me two years of probation. My quiestion is will I be able to get it expunged in the future?
I'm sorry, but no--you won't ever be able to get that expunged if the case was just reduced to a misdemeanor, because you do still have a conviction arising out of that arrest. Expunctions aren't allowed where the defendant was convicted or got any kind of probation beyond a Class C referred adjudication, which means that most of the cases eligible for expunction tend to be dismissals.
PLEASE go meet with a competent criminal attorney where you live, or even just try to speak to one on the phone... it is NOT impossible that you can expunge your misdemeanor, it just depends on how it was resolved. If you were convicted or put on probation (including deferred adjudication) then you may not expunge it. If you did deferred adjudication probation, then the best you can do is seal the record, with a nondisclosure motion. IN ADDITION, if you received a Deferred Disposition on your class A, and complete the terms, then YES you can still expunge it, because it results in dismissal.
You should speak to a local criminal attorney to see what options are open to you, and the effects of each. Best of luck to you.