Spencer Wright Law Firm

A misdemeanor criminal offense, traffic violation OR a municipal ordinance violation may be expunged if:

• the charge was dismissed with prejudice

• the charge was no billed by a grand jury

• the defendant was found not guilty of the charge

• the charge was dismissed without prejudice more than two years ago, has not been refiled, and the defendant has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous two years

A non-violent felony charge may be expunged if:

• if the charge was dismissed with prejudice

• the charge was no billed by a grand jury

• the defendant was found not guilty of the charge

• the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program AND more than one year has passed from the successful completion of the program

• if the charge was dismissed without prejudice more than five years ago, was not refiled, and the petitioner has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years

• ninety days have passed from the date of dismissal with prejudice, no-bill, acquittal, or nolle prosequi and the charge has not been refiled

An order expunging a record cannot be issued unless all court ordered monies have been paid, including restitution, fines, court costs, fees, or statuary fees.