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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I had a PBJ back in 1989. In 2015 while out at a bachelor

Customer Question

I had a PBJ back in 1989. In 2015 while out at a bachelor party one of the people I was with decided it would be fun to call a hooker. Long story short we all got tickets for solicitation. I had forgotten about the PBJ and when it came up my lawyer said I should get it expunged. I sent the paperwork in to do that but it was denied because of the issue in 2015. Can I reapply to have the 1989 issue expunged after I get the 2015 issue expunged in early 2016?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me what issue you had in 2015, and what was its resolution, i.e. what happened - conviction, dropped, etc?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 1 year ago.
Hello! Just touching base to see if you still needed an answer and if you could reply to my query. I never found out what happened to the solicitation charge - was it dropped?
Customer: replied 1 year ago.
I still have a question. No it was not dropped, I had to plead guilty. the prosecutor would not make any deals. I am going to have it expunged in February.
Expert:  Ely replied 1 year ago.
Thank you.
A PBJ may be filed to be dismissed 3+ years after probation ended. However, the final determination is up to the Judge. The Court may be wary of granting an expungement on the 1989 PBJ if the applicant just had another a conviction (and or had that new criminal record removed in 2016).
The Court has the final say.
So, the answer is yes - it is still possible to file, but there is no guarantee that it would be successful given the additional conviction in 2015.
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Customer: replied 1 year ago.
it sounds like If I waited a few more years it might be possible. Thanks
Expert:  Ely replied 1 year ago.

Possibly. The longer the applicant has a "clean" record, the higher the chances of success.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.