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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33734
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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At the age of 20, in 2006, I was convicted of a class (# )

Customer Question

At the age of 20, in 2006, I was convicted of a class (#?) misdemeanor for theft- shoplifting. I am quite sure that I was not given a deferred sentence/conviction, nor was I charged as a minor. I paid all fines and completed the terms of my probation on time, including counseling. Never before, after, nor in the future, of this conviction, have I been in legal trouble. I am an upstanding citizen, I volunteer, I've graduated college, I'm employed, but yet I live in fear every day of how this past and vast lapse in judgement will continue to cripple my life goals and opportunities. I want to teach, but I fear that I will never be able to because of my criminal record. I believe I deserve a second chance to positively and productively contribute to society and pursue my goals, especially since I was so young and I have no other violations.

It is my understanding that I am not eligible to expunge or seal my record. Do I have any other options? An appeal to be tried as a minor or be given a deferred sentence, so that I can later expunge? Anything?

I am desperate to move on with my life! While this will never leave me (I live in regret, shame, and, on the brighter side, with a heightened level of moral consciousness), I do wish that I could officially put this behind me.

I believe that the criminal justice system has a responsibility to justice, and I believe that justice, in this case, means punishment, which I receive, BUT also a second fighting chance.

Do I have any options?

I sincerely XXXXX XXXXX time in responding to my inquiry.

Thank you.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 6 years ago.
You can petition the court for an expungement. A person can apply for expungement of records information for offenses involving controlled substances by petitioning the District Court of the district in which any conviction records are located for the sealing of the conviction records. The petition must be made after 10 years the date of the final disposition of all criminal proceedings or the release of the person from supervision concerning a criminal conviction, whichever is later; and he or she must not have been charged for a criminal offense in the ten years since the date of the final disposition or the date of his or her release from supervision, whichever is later. The person will be ineligible for expungement if he or she still owes restitution, fines, court costs, late fees, or other fees ordered by the court in the case that is the subject of the expungement petition unless the court that entered the order for restitution, fines, court costs, late fees, or other fees has vacated such order.

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