Consider hiring an attorney to verify if you are eligible for either of the options.
Expunctions and an acquittal
If you are acquitted at trial your attorney should take the verdict page to the clerks office and file for an immediate expunction. In this instance, the filing fees are waived.
Expunctions after pre-trial diversion
Pre-trial diversion is a form of probation. IF successfully completed, the case is dismissed. You can file for an expunction after the statue of limitations has passed. for a felony while MOST misdemeanors are eligible for immediate expunction. The statue of limitations depends on the crime committed..
Motion of Non-Disclosure
A motion of non-disclosure is possible if you pled guilty to the crime and the Judge deferred the finding of guilt and placed you on probation. If you successfully complete probation then you are eligible for a motion of non-disclosure, .
An expunction in essence, wipes the slate clean as if you were never arrested. A motion of non-disclosure merely hides the arrest from the public, while the police and other government agencies can still view the information.
Misnomer about both
If you pled and took a pre-trial diversion or a deferred, the record is still viewable to anyone who conducts a background check. The expunction nor the motion of non-disclosure is automatic. You must file the proper paperwork and every agency must be properly served in order to destroy or have the record sealed from the public. Consult with an attorney to see if you are eligible.
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