Can I request an expungement if I've been charged with a crime that I shouldn't have ever been charged with?
Question Details: Can I request the courts to expunge an arrest and charge from my record if I can prove that due to an oversight on their part, so that I shouldn't have ever been charged with a crime?
In your state, you can expunge a charge if it was a non-felony and also one of the following applies as well:
1) It was dismissed with prejudice;
2) The grand jury returned a "no bill";
3) You were found not guilty; or
4) The charge was dismissed without prejudice more than two years ago and has not since been refiled, and you've not committed any crimes during the past two years.
Also, non-violent felonies can be expunged under the same circumstances as above (though #4 requirees five years, not two) or
5) The charge was dismissed after you completed some court-ordered diversion program, and a year has passed since the dismissal with no other crimes.
If you believe you meet one of the criteria above, you can seek expungement. Here is a link you may find helpful: https://www.alea.gov/online-services/criminal-record-expungement