In 2007 I used child care benefits to go to college and did not know I could not, when I found out I wrote the county a letter and wanted to pay back. I was sent to court and got a gross misdemeanor and restitution of 20,000. I have never been convicted before and the record is ruining my career life. I cannot find a job and cannot pay the restitution. i had an additional 2 years of probation since I have not paid the whole restitution. Can I get my record expunge somehow?
Criminal Defense Attorney
Whenever there is a plea of guilty (under the statute this is referred to as the case not being resolved in your favor) it is an uphill battle to have the record expunged. However, it is not impossible. In your situation it seems as though you still have an outstanding balance on the restitution. You will have to wait until this balance is paid off before you can petition to expunge your record, because the court will see this as not having all the conditions of your probation completed. Typically, you have a better chance at success in court after the case has been completed for about 5 years; so, unfortunately, any request you make now would seem to be premature. I wish you the best of luck.
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It is difficult to get an expungement after a guilty plea. You should contact the lawyer who represented you and discuss this, or another lawyer to discuss what options you might really have. There is no guarantee you could undo the conviction.
This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.
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