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Can You Get Misdemeanor Expunged

Edward Gates by Edward Gates
November 23, 2022
Can You Get Misdemeanor Expunged
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‍If you’ve made a mistake in your past and gotten arrested, pleaded guilty to a crime, or been convicted of one, it can have lasting consequences for your future. As an adult, you face harsh penalties for any criminal offenses. Your job opportunities may be limited, you may not be able to rent an apartment or get an education loan if your record has police reports or conviction records under your name. To make things worse, many crimes are also recorded on your state registry and can follow you throughout your life. Additionally, once you receive a criminal conviction there’s no way to reverse it. Even if it was just a misdemeanor that will not appear on your permanent record after serving probation—you cannot take it back. However, expungement is the process of removing records related to a misdemeanor from public databases such as court documents and background checks. In this article, we will discuss the ins and outs of getting an expungement of a misdemeanor so that it no longer appears in search results when potential employers perform background checks.

Can You Get Misdemeanor Expunged?

The answer is yes, a misdemeanor can be expunged. The law varies from state to state, but in general, a misdemeanor can be expunged if the following conditions are met.

Why Can You Get Misdemeanor Expunged?

1. You Are Not Convicted Of A Felony

In order for your conviction to be expunged, it must be one that is not a felony. If the crime you were convicted of was a felony, you will not be able to get an expungement.

2. You Have Not Been In Trouble For Three Years

You cannot get an expunged misdemeanor if you have been convicted of another crime in the past three years or were convicted of two misdemeanors at the same time. If this is the case, you will still be able to get an expungement, but it will take longer.

3. You Do Not Have A Record Of The Crime For 10 Years

This means that if you were convicted of a misdemeanor in the past 10 years, you cannot get an expungement.

4. You Complete The Expungement Process

You must file a petition with the court and pay a filing fee. After your petition is filed, the court will schedule a hearing and determine whether or not to grant you an expungement. If granted, the court will order all public databases to remove the records of your conviction.

5. You Do Not Have Any Other Misdemeanors On Your Record

If you have any other misdemeanors on your record, you will not be able to get an expunged misdemeanor.

6. You Do Not Have More Than One Misdemeanor Conviction On Your Record

If you are convicted of two or more misdemeanors at the same time, even if they are separate crimes, you will not be able to get an expungement for the charges.

7. The Crime Is Not Against A Child Or Elderly Person

If you were convicted of a crime against an elderly person or a child, this will also prevent you from getting an expungement and it can even prevent your family from getting their name cleared as well—even if they were not involved in the crime.

8. You Do Not Have A Felony Conviction On Your Record

If you have a felony conviction on your record, even if it was not for a crime that was related to the misdemeanor, you will not be able to get an expungement for your misdemeanor.

How Can You Get Misdemeanor Expunged?

Know The Difference Between Misdemeanant And Felony Charges

A misdemeanor is a criminal offense that is less serious than a felony. There are several types of misdemeanors in the United States. Some examples include disorderly conduct, disturbing the peace, shoplifting, vandalism, and trespass. In general, misdemeanants can be sent to jail for one year or less. A felony is a serious crime that can come with a prison sentence of more than one year. Some examples include homicide, sexual assault, robbery, perjury, and embezzlement. Felonies are usually more difficult to expunge because they require a more extensive process, including petitioning the court.

Be Aware Of The Expungement Process

The process of expunging a criminal record is different in every state. You can typically expunge a misdemeanor if you have completed your sentence and paid any fines. Some jurisdictions may require you to wait a certain amount of time after the case has been resolved. If you were convicted of a misdemeanor, you can petition the court to have your record expunged. A felony record is more challenging to expunge, but it’s not impossible. If you have been convicted of a felony, you will need to wait until you have completed your sentence and any probation/parole. Some states allow people with felony convictions to petition the court for a form of relief, such as a pardon. A pardon does not expunge your criminal record, but it does allow you to deny that you have a criminal record.

Hire A Criminal Defense Lawyer

In many cases, the only way to get a misdemeanor expunged is to hire a lawyer. Legal assistance can make the process much easier to handle, especially because misdemeanant cases are not as serious as felony cases. A lawyer will help you navigate the expungement process and make sure that you are following all of the necessary steps. They can also direct you towards other organizations or services that may be able to help you with your case. Although hiring a lawyer can be expensive, it is often worth it, especially because the benefits can last for years. If you are lucky, your lawyer may be willing to work on a contingency basis, where they are paid only if they succeed in getting your record expunged.

Gathering Evidence For Your Defense

Before you move ahead with the expungement process, you should gather evidence that may help your case. Make sure to gather evidence that supports your defense, such as eye-witness accounts, 911 calls, police reports, and other documents that justify your actions during the incident. You should also gather evidence that shows your progress since the incident, such as letters of recommendation, certificates, and degrees that you may have earned since the incident occurred. You should also gather evidence that demonstrates your character and your ability to make a positive impact on society. Examples of evidence that can help you include letters of recommendation, certificates, and degrees that you may have earned since the incident occurred.

File A Motion To Seal Or Expunge Your Record

You can file a motion to seal or expunge your record. The motion must include the details of the incident and the way your life has changed since the occurrence. Many states have different requirements and instructions for filing a motion to seal or expunge. It is also important to note that some states don’t allow you to seal your record. After filing a motion to seal or expunge your record, you will then have to wait for the court to make a decision and set a date for your hearing. You will then have the opportunity to speak to the judge and explain why you deserve to have your record expunged.

Wait For The Judge’s Decision

After you have submitted your defense and gathered evidence, you must now wait for the judge to make a decision. The judge will review your case and determine whether you deserve to have your record expunged. If the judge makes a decision in your favor, you will now have an opportunity to rebuild your life with a clean slate. You can apply for various jobs, go back to school, and pursue other life goals without having the fear of being stigmatized because of an arrest record.

Record Of Unconvicted Person (Rcp) Card

If you are not eligible for an expungement, you can apply for a Record of Unconvicted Person (RCP) card. This card is issued by the state government and allows you to deny that you have a criminal record. This card can allow you to apply for jobs without worrying about being denied because of an incorrect criminal record. You must apply for the RCP card in the state where the incident occurred. You may also need to submit proof that you are eligible for the card, such as proof that your case was dismissed or that you were found not guilty. You may need to wait a period of time before you can apply for the card.

Conclusion

Getting a misdemeanor expunged from your record can help you move on from your past mistakes. If you were arrested as a teen or young adult, you may be able to clear your record so that it does not follow you for the rest of your life. Misdemeanors remain on your record for 10 years. If you can successfully petition a court to have it expunged, it will be removed from public view and a potential employer would not be able to find it on a background check. Misdemeanors are serious but not as serious as a felony conviction. Depending on the crime, they can have lasting consequences. It is important to understand how they affect your life and what you can do to move past them.

Can A Credit Card Company Garnish Wages

If you fail to pay your credit card bill on time and fall behind, the company may take steps to recover the money. They can do this by placing a lien on your property if you have collateral with them or by garnishing wages. A garnishment is a legal action that requires your employer to withhold a specific amount of money from your paycheck for the benefit of another party, such as a creditor. If you are having difficulty making payments on a credit card, you should contact the company right away and work out an affordable payment plan. If they cannot help or you fail to reach an agreement, then they can take further action. Let’s take a closer look at how a credit card company can garnish wages and what you can do about it.

Can A Credit Card Company Garnish Wages?

The short answer is yes, they can. The longer answer is that it depends on the type of credit card debt you have, and what type of employment you have. Depending on the terms of your credit card agreement, a credit card company can garnish your wages if you are not making payments on your card. They will typically pursue this action as a last resort after other attempts to contact you have failed. Normally, they will contact your employer first and attempt to garnish your wages through them.

Why Can A Credit Card Company Garnish Wages?

1. You Have Not Made Payments On Time

The first and most obvious reason that a credit card company can garnish your wages is that you have not paid your bill in full. They will contact your employer and attempt to collect the money through them. If you fail to pay, they will take the next step and begin garnishing your wages.

2. You Are Behind In Payments

The second reason that a credit card company can garnish your wages is if you are behind in payments. Some companies will only garnish your wages if you fail to make payments for a certain number of days, but others can take action at any time. They will contact your employer and attempt to collect the money through them. If you fail to make payments, they will take the next step and begin garnishing your wages.

3. You Have Bad Credit History

The third reason that a credit card company can garnish your wages is if you have a bad credit history. In some cases, they will only take action after an extended period of time. However, they can garnish your wages at any time if you have had too many late payments in the past or have a large amount of debt.

4. You Have A Job That Has Been Suspended

The fourth reason that a credit card company can garnish your wages is if you have been fired or laid off. They will contact your employer and attempt to collect the money through them. If you fail to make payments, they will take the next step and begin garnishing your wages.

5. You Are In A Bankruptcy Situation

The fifth reason that a credit card company can garnish your wages is if you are in bankruptcy proceedings. In some cases, they may wait for an extended period of time before taking action to collect on your debt. However, they can garnish your wages at any time if you have had too many late payments in the past or have a large amount of debt.

6. You Have An Outstanding Debt To The Irs

The sixth reason that a credit card company can garnish your wages is if you owe back taxes to the IRS. This is usually done after all other options have been exhausted. In some cases, they will wait for an extended period of time before taking action to collect on your debt. However, they can garnish your wages at any time if you have had too many late payments in the past or have a large amount of debt.

7. You Have A Judgment Against You

The seventh reason that a credit card company can garnish your wages is if you have a judgment against you. This is usually done after all other options have been exhausted. In some cases, they will wait for an extended period of time before taking action to collect on your debt. However, they can garnish your wages at any time if you have had too many late payments in the past or have a large amount of debt.

8. You Owe Money In Child Support Payments

The eighth reason that a credit card company can garnish your wages is if you owe money in child support payments. In some cases, they will wait for an extended period of time before taking action to collect on your debt. However, they can garnish your wages at any time if you have had too many late payments in the past or have a large amount of debt.

How Can A Credit Card Company Garnish Wages?

1. Wage Garnishment

A credit card company can garnish your wages if you have an outstanding balance on your account. If you are being garnished, the company will be deducting a certain percentage of your pay check and using it to pay off the balance on your credit card debt.

2. Bank Account Levies

A bank account levy is another way that a credit card company can collect on the debts in question. A bank levy is when they take money out of your bank account directly and use it to pay off any outstanding balances that you may have with them. This is only done if you do not have any other assets that they can go after.

3. Property Seizure

The third way that a credit card company can collect on the debts in question is by property seizure or property attachment. This is only done if you do not have any other assets that they can go after, such as property or money in a bank account. This method usually involves them taking court action against you to seize your property.

4. Judgment Against You

The fourth way that a credit card company can collect on the debts in question is by judgment against you. This is usually done after all other options have been exhausted. In some cases, they will wait for an extended period of time before taking action to collect on your debt. However, they can garnish your wages at any time if you have had too many late payments in the past or have a large amount of debt.

5. Child Support Payments

The fifth way that a credit card company can collect on the debts in question is by child support payments. In some cases, they will wait for an extended period of time before taking action to collect on your debt. However, they can garnish your wages at any time if you have had too many late payments in the past or have a large amount of debt.

6. Student Loans

The sixth way that a credit card company can collect on the debts in question is by student loans. This method usually involves them taking court action against you to seize your property. In some cases, they will wait for an extended period of time before taking action to collect on your debt. However, they can garnish your wages at any time if you have had too many late payments in the past or have a large amount of debt.

7. Tax Debts

The seventh way that a credit card company can collect on the debts in question is by tax debts. This method usually involves them taking court action against you to seize your property. In some cases, they will wait for an extended period of time before taking action to collect on your debt. However, they can garnish your wages at any time if you have had too many late payments in the past or have a large amount of debt.

Conclusion

If you are having difficulty making payments on a credit card, you should contact the company as soon as possible and come to an agreement on a payment plan. If you cannot reach an agreement on a payment plan and they have taken further action, then you should seek legal advice right away and try to come to an agreement on a new payment plan with the creditor. If you fall behind on payments, you should be prepared to be served with a court order or a wage garnishment order. If this happens, you should respond as quickly as possible and try to come to an agreement on a repayment plan.

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Edward Gates

Edward Gates

Edward “Eddie” Gates is a retired corporate attorney. When Eddie is not contributing to the American Justice System blog, he can be found on the lake fishing, or traveling with Betty, his wife of 20 years.

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