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How difficult is it to expunge a misdemeanor for disorderly

Resolved Question:

How difficult is it to expunge a misdemeanor for disorderly conduct from 30 years ago from another state?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  xavierjd replied 5 years ago.

Thanks for using JustAnswer.com

 

Did you plead guilty to the misdemeanor disorderly conduct or was the felony reduced to a misdmeanor after probation? What year was that?

 

Thanks

 

Customer: replied 5 years ago.
The original charge was oral sodomy; my lawyer had it reduced to disorderly conduct. There was a fine of $ 200. It was 1978. I left the state after that. There was a 12 month non-supervised probation as part of the reduction in the sentence and I could not enter that department store for one year but since I moved out of the state of Virginia and the store went bankrupt that was never an issue after that.
Expert:  xavierjd replied 5 years ago.

Thanks for the information. Let me do some digging....I'll be back with you in about 10-15 min.

 

Thanks

Customer: replied 5 years ago.
OK I have to run but will look for your reply. I know it showed up in a criminal check because I work in a prison as a chaplain volunteer when they went to do a NCIS check but I was cleared to go in anyway. The head chaplain suggested I look into an expungement. Thanks.
Expert:  xavierjd replied 5 years ago.

In order to obtain an expungement for the 1978 conviction, you will need to work through the Virginia judicial system.

 

Below is a link to an explanation of how to obtain an expungement in Virginia:

 

http://lawdigest.uslegal.com/expungement-of-criminal-records/general/5632/

 

Under California law, your misdemeanor conviction can be expunged, as long as you successfully completed the terms of your probation. If you were not placed on probation, your conviction can be expunged one year after the date you plead guilty or no contest.

 

 

The expungement process begins with the filing of a petition with the court of conviction. The matter is then typically sent to the probation department for review. Probation then submits a report to the court and the matter is set for a hearing. Once the expungement is granted, the conviction is set-aside, a plea of not-guilty entered and the case dismissed. The court then sends a copy of the order to the Department of Justice to update the individual's records.

 

Below is a copy of the form that you need to fill out to begin the process in California:

 

http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf

Once all of your convictions have been dismissed in California:

  1. On questions by Private Employers if you are asked if you have every been convicted of a crime, you must respond with "YES-CONVICTION DISMISSED."
  2. On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED." In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime.
  3. You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
  4. Your dismissed conviction(s) can still be used to increase your punishment in future criminal cases.
  5. Your prior conviction(s) can still affect your driving privileges.
  6. If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender.

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

 

Legal Disclaimer: This is for informational purposes only and does not constitute legal advice. No attorney/client relationship has been created.

Customer: replied 5 years ago.
Thanks for such an informative answer. Is it possible to do the California one first and then the VIrginia one later? Or do I need to do the Virginia (earlier) one first and the California one later? Obviously the Virginia one will require a great amount of work and going back to Virginia but it seems that I could do the California one through the mail without traveling there since I now live in South Carolina. Thanks for all your help.
Expert:  xavierjd replied 5 years ago.

Sorry for the delay.

 

You can certainly try to do California first. There doesn't seem to be as many roadblocks. It may make getting the Virginia expungement a little easier.

 

You may wish to contact an attorney in California who specializes in criminal law. It would be best to find one in the area where your conviction was entered. You can contact the State Bar of California for a referral. I have provided the website below:

 

http://www.calbar.ca.gov/state/calbar/calbar_home_generic.jsp?cid=10174

 

You may want to do the same thing for Virginia. Below is the website to the State Bar of Virginia:

 

http://www.vsb.org/site/public/lawyer-referral-service/

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can receive credit for answering the question. Thank you.

 

Legal Disclaimer: This is for informational purposes only and does not constitute legal advice. No attorney/client relationship has been created.

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
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