Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

How difficult is it to expunge a misdemeanor for disorderly

Customer Question
conduct from 30 years ago...
How difficult is it to expunge a misdemeanor for disorderly conduct from 30 years ago from another state?
Submitted: 8 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
11/2/2009
Criminal Lawyer: xavierjd, Lawyer replied 8 years ago
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
Experience: Over 20 yrs experience in prosecution and defense work
Verified

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

 

Ask Your Own Criminal Law Question
Customer reply replied 8 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.
Criminal Lawyer: xavierjd, Lawyer replied 8 years ago

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

 

Thanks

Ask Your Own Criminal Law Question
Customer reply replied 8 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.
Criminal Lawyer: xavierjd, Lawyer replied 8 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.

Ask Your Own Criminal Law Question
Customer reply replied 8 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.
Criminal Lawyer: xavierjd, Lawyer replied 8 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
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
Experience: Over 20 yrs experience in prosecution and defense work
Verified
xavierjd and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask xavierjd Your Own Question
xavierjd
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
3,400 Satisfied Customers
Experience: Over 20 yrs experience in prosecution and defense work

xavierjd is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I recently caught in disorderly conduct i argue with the cop
hi i recently caught in disorderly conduct i argue with the cop (what happened means the restaurant while i'm drinking the alcohol were called the cops and cops show up and told me to don't to the res… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,533 satisfied customers
INTO IF I NEED TO HAVE A LAWYER FOR A DISORDERLY CONDUCT
I AM LOOKING INTO IF I NEED TO HAVE A LAWYER FOR A DISORDERLY CONDUCT CHARGE IN IOWA … read more
Expert James
Expert James
Doctoral Degree
11,542 satisfied customers
Can you have misdemeanors expunged from one's record after 5
Can you have misdemeanors expunged from one's record after 5 years? My son had 2 disturbing the peace convictions when he was young and foolish. This seems to be keeping him from getting a decent job.… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
What is the fine for a disorderly conduct ticket and a
what is the fine for a disorderly conduct ticket and a criminal possession of a controlled substance in the 7th ticket?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
60 satisfied customers
I am charged with disorderly conduct and resisting arrest
I am charged with disorderly conduct and resisting arrest for fighting. My case is continued, but my attorney was not able to work out an agreement with the DA in leiu of my appearing in court. I will… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
If you have a Disorderly Conduct what kind of jobs will he
If you have a Disorderly Conduct what kind of jobs will he not be able to get ? What about college will they let someone go if they have a Disorderly Conduct… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
Thank you, my son was charged with disorderly conduct. He
Hi! Thank you, ***** ***** was charged with disorderly conduct. He has a court apt tomorrow morning and we aren't sure what to plea. … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers
I got a non traffic citation summons for disorderly conduct
I got a non traffic citation summons for disorderly conduct hazardous/physi off, was not arrested or anything but I pleaded not guilty, I can not afford an attorney or lawyer so at court will I have a… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
I having, I have a disorderly conduct charge in az. I was in
I have a disorderly conduct charge in az. I was in my home on the balcony bickering with my sister and a cop happenened to hear us and came up to our apartment. Found out I had a bench warrant from years ago so in was arrested. But then he gave me a dis charge. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I got a disorderly conduct citation for marijuana. I want to
I got a disorderly conduct citation for marijuana. I want to know what is the best course of action to take and what would show up on a background check … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
I was arrested for disorderly conduct (misbehaving it
I was arrested for disorderly conduct (misbehaving it stated);I went the the municipal court and the prosecutior reduced/amended it to a local ordinance violation of misbehaving;he said its similar to… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
I received a citation for a misdemeanor disorderly conduct
I received a citation for a misdemeanor disorderly conduct in AZ. Do I need a lawyer to represent me? I have no criminal record. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I have plead not guilty to a disorderly conduct charge. It
I have plead not guilty to a disorderly conduct charge. It was self defense, I don't have any other prior citations, I am a student and don't have the money for an attorney or lawyer. I just finished … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers
If you are on probation and just get a disorderly conduct
If you are on probation and just get a disorderly conduct ticket will that be a violation that puts you in jail? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was arrested on Sunday for disorderly conduct 647.
I was arrested on Sunday for disorderly conduct 647 … read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x