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Can I get my charges expunged after 8 years? Can I get a charge that is nolle prosquie expunged after 8 years.
Anonymous9 views3 answers
I was originally charged with two felonious assaults one was dropped down toba aggravated assault(misd) and the second was placed under nolle prosquie at same time in 2008. I want them both off my record landlords who do not know what nolle prosque means mistake it for a felony on my record, and deny me for a apartment. Am I able to get those expunged? I have not been in trouble since.
You can file an Application to Set Aside Conviction (expungement) as long as it has been five years since the conviction date / end of incarceration / end of probation or parole (whichever occurred last). Since a misdemeanor probation maxes out at two years - yes you are eligible to file (assuming you don't have other convictions you haven't addressed in this post).
An Application to Set Aside should wipe the whole case if granted - including the Nolle'd charge.
Best of Luck.
Allen M. WolfCriminal Defense AttorneyLake Orion, MI ·
The prosecution invokes nolle prosequi or dismissal when it has decided to discontinue a prosecution or part of it. Lawyers and judges refer to the charges “nol prossed” or dismissed. The prosecution may nol pross all charges against the defendant or only some. In your description, the felony is already dismissed and the misdemeanor charge is the only crime/conviction that needs to set aside or expunged. You will want to contact an experienced Criminal Defense Attorney to help you through the process. is an excellent source to help you find such attorney. Good luck!
So long as the misdemeanor is the ONLY criminal conviction you have on your record, yes you can file a petition to expunge your record, Search for an experienced attorney who handles expungements.
