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expunging record

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A

abacadaba

Guest
What is the name of your state? NC

Can you get an expungement if you have a case pending and your case manager doesn't know of the new charge?

thanks,
aba
 


S

shantrbl

Guest
aba,

o.k. this is how it works in california....it may be different in your state...If you have not been to state prison for a particular felony and you have not been on parole for that particular felony and you had successfully completed probation for that felony without any violation of your probation in any way..you may qualify for expungement or a reduction, however you must not be on probation or parole for any other offenses or being charged with any other offenses to have your felony expunged or reduced. you will have to wait until you are through serving whatever sentence you were given for the other offense to get your felony expunged if its even possible for that particular offense to be dropped to a misdemeanor or expunged.
 
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A

abacadaba

Guest
shantrbl,
Thanks for the reply. I'm on a Felony Drug Diversion Program right now, and on my info. sheet it says no convictions while on program. If my case manager does not find out about the new charges (underage alch., fleeing on foot), which are both misd. charges, can i slip by or will they do a check before expunging my record. If nobody finds out about the pending case, will the system allow it to go through.
 
S

shantrbl

Guest
abacadaba,

slim to none chance of that happening.....this is most likely whats going to happen, this pending case is going to cross your p.o.'s desk eventually and he/she is going to be pretty pissed that they were not advised of it during your monthly check in.....is it not one of the first questions asked when you go in to see your p.o.?
"have you had any subsequent police contact?" is usually how it goes. since you have denied this and obviously lied to the p.o. you will then be in violation of your probation taken back to court and your p.o. will make them aware that you have been lying to her/him and that you had a recent arrest and your hopes of expungement or reduction are no longer an option for you. now, all this information i have been dispensing is how it works for adults in california.....i could be way off base if you are a juvenile offender (under the age of 18) it could be completely different in your state all together....but in my opinion....regardless of where you are it is just not wise to lie to your p.o. about any arrests during the course of your probation...its best that they hear the bad news from you than have it come as a surprise when it lands on their desk one unsuspecting day.
 

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