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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27643
Experience:  10+ years defending Misdemeanor and Felony cases.
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I have been convicted of misdemeanor, can I travel to

Customer Question

I have been convicted of misdemeanor, can I travel to other countries during my 2 yrs probation? My future employer will ask the details of causing of misdemeanor during the hiring process, or they just want to know I have ever been convicted of misdemeanor? How long I can wait to clear my record after 2 yrs probation?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 9 years ago.
Once placed on probation, you need permission from your probation officer to travel outside the state. Most likely they require you to submit to them, your flight information and address / phone number of where you are going to be staying. Since you want to be traveling outside of the country, in most circumstances, you will need permission from the Judge. You can hire an attorney to file a motion to travel outside of the country. Your first step is asking probation their opinion on your travel plans. If you have complied will all the conditions of probation, they should not object. However, the final decision will come from the Judge. If your probation requires random urine tests,the judge may not allow you to travel for more then 30 days. As far as your misdemeanor conviction, some jobs ask in detail about the facts. Usually, there is a space in the application box to explain the circumstances surrounding it, if you wish. Some companies do background checks, and will see this automatically. If you want to clear your record, you may be eligible to have it sealed or expunged. Normally, a person has to have a withheld adjudication on their charge, in order to seal/ expunge a record. Your conviction may disqualify you from this option.
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Customer: replied 9 years ago.
The answer would help me understanding more about law. So I have to wait after 2 yrs probation then I will be eligible to expunge my past record? After my record is clear, do I say No or still say Yes for the question "do I have ever been convicted of misdemeanor" from future employer? Thanks.
Expert:  CrimDefense replied 9 years ago.
Once your probation term is over, you can attempt to have your record sealed. As I mentioned before, the conviction you have, may not allow your record to be sealed. Usually, a record can be sealed, if a person received a withheld adjudication. If you were adjudicated of the crime, you may not be eligible for it. If you are able to have the record sealed, there are still certain employers who can view your record, i.e. governmental agencies, school boards, jobs working with the elderly. Normally, a person is eligible to have one charge sealed, if you are not able to get this conviction sealed, you may want to look into getting another charge sealed, which you received a withheld adjudication on. Moreover, you may want to look into having your probation terminated early, if you have complied with all the terms and conditions of it and are more then half-way done.

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