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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 113396
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I'm trying to understand the significance between vacating

Customer Question

I'm trying to understand the significance between vacating and expunging a misdemeanor. an older woman was charged with assault in the 45th degree, pleaded not guilty, but was encouraged by her publikc defender to plead guilty so that charge would be lessoned to Disorderly conduct. She was able to pay the fine off and the community service hours in a very timely manner.
The three years have passed. She's hoping to get work as a caregiver and feels that she needs to have this expunged from her record to pass the required background checks.
I'm trying to help her, and it appears that vacating a misdemeanor is the appropriate step. There are forms for me to use at the court house to vacate. I think I would need a lawyers help to expunge. It seems like expunging is for felonies. Can you help me understand what she would need in this case.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AttyDort replied 1 year ago.

I am going to opt out of this question, to see if someone else wants to answer as is. But I can tell you this:

Attorneys are prohibited by law from assisting individuals who are providing unlicensed legal services to others.

We can help people with their own cases, and issues.

It might be easier to answer if you could rewrite the question for us.

Thank you.

Customer: replied 1 year ago.
Here is my question. I have a misdemeanor. I need to be able to apply for jobs as a caretaker, and I know I need to have this misdemeanor either vacated or expunged. Will having it vacated be enough to help me pass background checks for employment? And how can I tell who is the plaintiff when I try to fill out the forms the clerks office gave me to vacate?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It seems your previous expert had to step away and has opted out of the question. I am a different contributor.

Vacating a case means that you have filed a motion with the court and the court has reexamined the case and has taken away the conviction and agreed to dismiss the case. This means the case is no longer considered a conviction, but it would still appear on the person's criminal history as a charge and it would show it was dismissed. An expungement on the other hand (without vacating) means that the conviction would not appear on the person's criminal record in a background check, EXCEPT for with government entities. So if she is applying for a caregiver license, she needs to seek a local attorney to seek to get the conviction/plea vacated and then get the expungement as she would need both.

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