Golden Rule Of Expungement

5 Year Rule After Completion of your sentence

States have begun to pass expungement reform because studies documented that if a person convicted of a nonviolent crime commits no new offenses in the 5-year period after the end of their sentence they are no more likely to commit a new offense than anyone else. Because many plea agreements include payment of restitution, misdemeanor probation, drug, alcohol, parenting, or domestic violence classes, probation, or a suspended jail sentence, for most misdemeanor offenders with a criminal record that means that you are not eligible to expunge until 7 years after the end of your sentence.

For example, you have pleaded to a Possession of Marijuana charge and you were fined 200.00 and a suspended jail sentence of 30 days for two years on Nov 15, 2020. You would not be eligible to expunge that conviction on your record until Nov. 15, 2027, because the end of your sentence would have occurred not on the day you pled guilty but on the date of the end of your sentence and that date, because of the 30 days jail sentence conditionally discharged/suspended for two years would have occurred on November 15, 2022. Five years of no new offenses would occur on November 15, 2027.

Can you inset and eligibility Calendar. If you were sentenced to a misdemeanor with no enhancement provisions for subsequent offenses and no probation, conditionally discharged jail sentence, restitution still owed after the date of your plea, or requirements for treatment completion, etc. you are eligible if you have had had no additional offenses or pending charges.

If your misdemeanor offenses were not enhanceable, but your sentence included a jail sentence or probation sentence for two years or a of home incarceration sentence or conditionally discharged sentence for two years then the calendar should reflect todays date minus 7 years or in other words February 16, 2016!