What is the difference between getting a conviction expunged and "set aside" regarding a criminal case
355365
An expungement is a procedure by which a conviction is removed from a person's record. To have a conviction "set aside" generally means that an appellate court has reversed a conviction. In that case, the person's record is ordered changed to show that he/she was acquited (found innocent) of the crime.
603042
Adjudication Withheld - Non-conviction.\n\nThe court does not give a final judgment regarding the case. The defendant is given probation, a program or community service in which they have a specified amount of time to complete. If the defendant complies, the case may be dismissed, depending on the county/state. If they do not dismiss in that particular county/state, then the disposition remains adjudication withheld and the case is closed. However, if the defendant is found in violation, the case disposition may be changed and the defendant can be found in guilt.
1135362
It all depends on the reason a guilty verdict or conviction was entered against you.  If the ONLY reason you were found guilty was because of a statement you made after being OFFICIALLY arrested and BEFORE your Miranda was read and explained to you then the Judge would be required to suppress that statement and, barring any other evidence, you would be released.  That does not mean that you'll beat the charge though.  The authorities can, and if they want you bad enough, will follow up and collect as much independent evidence, rearrest you and try for a conviction.  If you were found guilty or convicted by any other means than it does not matter if your Miranda's were read and explained because nothing you said was used against you - it was the things you did.\n\nIf you are relying on the lack of the Miranda's to set you free then you should expect not to be freed.  At the most it would be a temporary reprieve.
756951
As the others state, if the offense was committed by an adult, it stays on forever unless you've managed to get it expunged.  Some offenses can't be expunged.\n\nFor juveniles, the convictions usually come off the record and aren't used against the person if they are arrested as an adult after they turn 18.  If they are still on juvenile probation when they turn 18, it would usually come off their record once they complete their probation terms.  The files  and court records are still in existence, so if there is a need for that information, it can be found.  Juvenile records can be expunged, however.\n\nSome juvenile records can be used against the person if they commit additional offenses as an adult. If they are still on juvenile probation but are over the age of 18, the court will order their cases closed unsuccessfully.  In addition, even if they don't commit new offenses, if they don't complete all the terms of their probation, their case can be closed unsuccessfully.\n\nWhen a juvenile case is closed unsuccessfully, it stays on the person's record for the rest of their life.\n\nHope that makes sense
843980
Hi Robert,\n\n    I have a criminal record also here in Ohio. Ultimately, it will depend on your offense.  If you can give a little more information, it might help.  Ultimately, if the offense is a "crime of dishonesty", then it cannot be expunged.\n\nChris
771230
Its likely to be a spent conviction, a quashed (not squashed) conviction is dismissed by the courts. You will have to see the laws regarding spent convictions, its unlikely alone to effect emigration to canada.
648304
expunged means it is erased...if its still being reported its not expunged..
999426
Hire a lawyer.\n\nIf your only issue is having your record expunged, you might contact the court that has jurisdiction and talk to the court clerk or district attorney's clerk.\n\nThey cannot give you legal advice, but they may help point you in the right direction.\n\nA petition is little more than a letter to the court making a request. But it must meet the requirements set by statute & the court regarding content.\n\nYou really should talk to a lawyer before you proceed since rules vary not only by state, but by court.
783317
It takes a lot of paperwork and writing to get chaeges expunged usually criminal charges are the ones worth pursuing to clear your record as opposed to misdemeanor charges if you are applying for a job usually the only interest is a crininal background check and you have to write to the governor in order to get a pardon
365410
I am currently doing this. I found a lawyer who helped me get a sealing order from a judge. Then I got a copy of my rap sheet and with it, i got a form to contest the accuracy of it. I have submitted the form and now i am just waiting for the dept. of justice to take the arrest off my record. Not all crimes are sealable, however. Most can only be expunged. That means the rap sheet will still show the arrest and disposition will state "dismissed in the furtherence of justice". Hope that helps a little. The main thing is really to find a lawyer. It only cost me about $700 and I never had to do anything except sign some papers. I didn't even have to go to court.
1088614
after a period of 10 years (in some other states it's fewer than this time frame), u can get your record expunged.  see a lawyer to get it done right.  i hear u can do it urself, but i'd get a lawyer because if u do it urself, u have to make sure the police dept, DA's office, corrections office, etc...ALL properly expunge their records.  lot of work on your part.  if u pay a lawyer, he/she can make sure it's done right.  usu, the charge is little (because no hearing is required...just filing of some papers).  It's like $200-$300.
452254
No. Felonies can be expunged if you were a minor at the time (but not automatically) or if you are pardoned, regardless of your age. People who are 70 and have been free from arrest or prosecution for 10 years are eligible to have their records expunged as well, as are people who have been dead for 3 years, unless they committed certain crimes.
1030967
The appeal must be won.  The court holds the conviction addullted, void, overturned as if it no longer exists.  Expungement of the records is another matter and that requires more legal work.  Even if that were to be granted, there is always a paper trail and just, for example, the fact that someone was arrested in the first place will always be part of that trail.  It is practically impossible to get rid of all of the record, even with a court order.
179280
By using the term "mates", I get the impression that you might be from Australia or the U.K.  Here in the U.S., many states have procedures that allow someone convicted of a crime to petition the court to have the conviction removed from their record.  The exact procedures and requirements vary by state, by they usually require you to file a petition with the court and you generally must have a clean record since the conviction.\n\nIf the conviction occurred before you became an adult, it might automatically be sealed.  However, laws to vary by jurisdiction.  Best wishes with your efforts.
1163227
it depend on your county or state, but you need to fill out paperwork. go to the court house of the county you got the record from and follow their procedures.  I did it for my ex-husband in Broward county Florida, and it works, don't be afraid to ask questions.  Also don't do anything stupid to get another conviction.  If you stay out of trouble this will help expunge the first one.
1099776
there shouldn't be a charge on your record, only a conviction.  Were you convicted/plaed guilty, etc..? How did you get convicted?  Would there be reason for a mistrial?  If you did it, or were found guilty of it, you're screwed.  But, you should have a lawyer check out the case, and give you an opinion.  FYI, my friend had a case following from when he was a juvenile.  He's now 30, and it shows up on every background check.  He thinks there's no way out of it, since they don't expunge a minor's files
223027
if the laws in New York are the same as Illinois which they should be with reference to this....once you are convicted you can not get the conviction exponged....you can however get charges exponged..meaning if you were arrested and not found guilty.