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How to Get an Aggravated Misdemeanor Off Your Record

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    • 1). Seek legal counsel. If you have a lawyer, or access to one, you will need to contact him or her and provide the full details of your situation. If you do not have a lawyer and cannot afford one, you should attempt to contact a public attorney's office. Typically there will be a public defender's office or a representative available in the court building or the courtroom where your proceedings will take place. The public defender will provide you with legal advice free of charge.

    • 2). Attend your arraignment. This is the very first court date, and it typically occurs within a week of the criminal incident itself. At your arraignment, the judge will review your case, the charges being brought against you, and the police log of the incident itself. After reviewing these materials, you will be asked to enter a plea. There are three pleas available to you: guilty, not guilty, and 'nolo contendere'. Consult with your lawyer or public defender to determine which plea will be most beneficial to you. If you plead guilty or nolo contendere, you are forfeiting your right to a trial to determine whether you are guilty, and your next court date will be a sentencing. If you plead not guilty, be ready to go to court for a trial or to bargain with the prosecuting attorney for an out-of-court settlement. Depending on the local laws and the policy of the judge, you may not even need to plead at your arraignment, and you may be assigned conditions for expungement at a future re-arraignment date.

    • 3). Follow the instructions set forth by the court and your lawyer or public defender. If you have pled guilty or nolo contendere, you can work with your attorney to try and minimize the sentence or penalty imposed upon you at your sentencing. If you chose to plead not guilty, your attorney will work with you to prove your innocence. Depending on the circumstances of the misdemeanor and the amount of evidence available, the state may opt for an out-of-court settlement, which often carries much less severe consequences than a sentencing. If the court assigns you a re-arraignment date with conditions (such as community service or reparations), then complete the conditions mandated of you and attend the re-arraignment.

    • 4). Attend all of the court dates assigned to you. Depending on your circumstances, you may be required to serve a prison term, pay a fee, participate in mandatory community service, or attend a class on drugs or alcohol. Alternately, if you do not plead guilty or are not found guilty in a trial, you may only have to pay a fine or do community service. Ask your attorney about the possibility of expunging the misdemeanor from your record. If the court allows it, you will receive an expungement form from the clerk's office, which you can fill out and file with the court. If the expungement is approved, your record will be 'wiped clean' of the misdemeanor charge against you, as well as any arrest data, custody data, or adjudication data. This does not mean that all of the case information is destroyed, but rather that it will be available to the state only by subpoena (for example, if you are charged of another crime and the misdemeanor file contains evidence).

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