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Daniel Solutions
Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience:  over 20 years of legal and professor of law experience
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i want to get my record exponged. I have two felonies but one

Resolved Question:

i want to get my record exponged. I have two felonies but one was a youthful offender and they said it would be erased when i turned 21 i am 28 now. So is it gone or do i have get it erased and the other i know is there and i wanna get a clean slate and start over. How does the exponging process work
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 5 years ago.
Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.

In order to answer the question I need to know in what state or states did you receive the convictions?
Customer: replied 5 years ago.
the youthful offender was in mobile, al and the other was in ms. I have not taken any steps yet.
Expert:  Daniel Solutions replied 5 years ago.
You would have to seek expungment within the state that you were convicted. Most juvenile records may also be sealed in the state of Alabama. This is only possible following two years of discharge and no outstanding subsequent criminal charges or participation in criminal acts. A juvenile driving under the influence offense may be sealed rather than expunged. When filing paperwork, all those associated with the case must be informed, including the prosecuting attorney, the heading law agency, and the authority who granted the discharge.

When an individual desires an expungement in an incomplete or incorrect case, he or she must submit a request to the Alabama Criminal Information Center. He or she must also provide the correcting information to prove innocence. Other cases will be filed to the Alabama Board of Pardons and Paroles. Paper work must also be submitted, within thirty days of filing, to the district attorney, the Attorney General, and the judge who oversaw the case.

If a request is denied, an individual may appeal to the circuit court within thirty days of the denial. In the case of child abuse investigation, an individual will apply to the investigating authority or agency. Under law the authority or agency must expunge the information and all associated records.

Regarding the Mississippi conviction you can only obtain an expungment if the crime falls into one of the following:

1)A person convicted of a misdemeanor, excluding a conviction for a traffic violation and who is a first offender. M.C. § 99-19-71.
2) A person arrested and released and the case was dismissed or the charges were dropped or there was no disposition of the case, unless such person has been charged (a) with an offense pertaining to the sale, barter, transfer, manufacture, distribution or dispensing of a controlled substance, or the possession with intent to sell, barter, transfer, manufacture, distribute or dispense a controlled substance, as provided in Section 41-29-139(a)(1), except for a charge under said provision when the controlled
substance involved is one (1) ounce or less of marijuana; (b) with an offense pertaining to the possession of one (1) kilogram or more of marijuana as provided in Section 41-29-139(c)(2)(F) and (G); or (c) with an offense under the Mississippi Implied Consent Law. M.C. § 99-19-71 and M.C. § 99-15-26.
3) A person who served a sentence or period of probation and parole, pled guilty within six (6) months prior to the effective date of March 31, 1983, of M.C. § 99-15-26 and would have otherwise been eligible for the relief allowed in such section. M.C. § 99-15-57.
4) A person who is arrested, issued a citation, or held for any misdemeanor and not formally charged or prosecuted with an offense within twelve months of arrest, or receives a dismissal of the charge. M.C. § 99-15-59.
5) A person who was dismissed and the proceedings against them discharged or convicted for certain drug offenses under (c) or (d) of M.C. § 41-29-139 and had not reached their twenty-sixth birthday at the time of the offense, or a person who had satisfactorily served his sentence or period of probation and parole, had not turned 26 at the time of the offense. M.C. § 41-29-150.
6)A person convicted of a misdemeanor drug offense of marijuana possession which is a 1st or 2nd conviction will have records of conviction expunged after two years. M.C. § 41-29-139.
7) A defendant or participant who was sentenced at the time of entry of plea of guilty, and successfully completed the drug court order and other requirements of probation or suspension of sentence. M.C. § 9-23-23.

Edited by Daniel Solutions on 2/1/2011 at 2:09 AM EST
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