Vacate and Dismiss 101: Can I get this conviction off my record?

If you want a criminal conviction off your record, then what you need is an attorney to get the charge vacated and dismissed. (The process for getting juvenile convictions off your record is different and will be dealt with in a future post.) What this does is vacated the conviction and dismiss the charge. Your conviction will be changed into a dismissal and you will legally be allowed to say that you were never convicted of the crime.

Sounds great doesn’t it? It is great, but the devil is in the details. First, not all crimes can be taken off your record. Sex crimes, Class A felonies, and DUIs are just a few of the crimes that cannot be take off your record. Second, you have to have completed all the terms and conditions of your sentence. You have to have paid all the fines and costs ordered by the court. If the court put you on probation, then your probation period must be over. Third, you cannot get convicted of any new crimes. It doesn’t have to be the same or a similar crime. Any new conviction will prevent you from getting the old charge off your record. Finally, you have to wait. Once you have done everything the court ordered you to do, you have to wait before petitioning the court. The waiting period depends on what type of crime we are dealing with. A person must wait 10 years for Class B felonies, 5 years for Class C felonies and Domestic Violence misdemeanors and 3 years for all other misdemeanors.

Getting a criminal conviction off my clients’ records is one of the most rewarding things I do for my clients. This post gives you some of the basics, but it is far from all you need to know. If you want help getting a criminal conviction off you record, please give me a call and I would be happy to help you.