Under the automatic expungement law, certain felonies and misdemeanors will be automatically expunged without you having to do a thing.
There are exceptions and waiting periods depending on whether the offense was a felony or a misdemeanor and the type of misdemeanor.
- Felonies: Up to two eligible felonies will be automatically expunged 10 years after the date of sentence or the completion of any term of imprisonment - whichever occurred last.
- 93-Day Misdemeanors: Up to four misdemeanors punishable by 93 days or more will be automatically expunged seven years after the date of sentence.
- Other Misdemeanors. There is no limit to the number of misdemeanors that will be automatically set aside if they were punishable by less than 93 days imprisonment.
- If you have 2 or more assaultive convictions you are not eligible for automatic expungement.
- You cannot have a criminal charge pending.
- the 7 or 10 year waiting period must have run.
- the conviction type must be eligible for expungement.
Many offenses are Not eligible for automatic expungement. Offenses that are NOT eligible for automatic expungement include: an offense punishable by at least 10 years in prison, crimes involving assault or dishonesty, serious misdemeanors, homicides, traffic offenses that resulted in death or serious injury, human trafficking, abuse of the elderly, and more.
Even if your criminal conviction is not eligible for automatic expungement - do not despair. Although a criminal conviction may not be eligible for automatic expungement you can still file a traditional expungement petition; the eligible conviction can still be expunged through the traditional expungement process.
Keep in mind that the waiting periods for the automatic Clean Slate law are much longer. For misdemeanors you have to wait 7 years instead of 3, and 10 years instead of 5 or 7 for felonies.
We can help. We have been helping people such as yourself clean their criminal records for the last 30+ years. We take great satisfaction when, after helping a client expunge a conviction(s), they pull their criminal history and nothing shows up!
Don't go it alone. Let us help you. We are experienced and knowledgeable.