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You might be able to get a criminal conviction set aside or dismissed through a successful appeal, deferred adjudication program, or expungement We usually wait about 3 months following a conviction before applying for a set aside In rare cases, a conviction isn't the end of a criminal case.
Explore the legal pathway for setting aside a past conviction After the sentence is complete, many jurisdictions impose a waiting period before a petition can be filed Our guide explains the key considerations and court procedures for clearing your criminal record.
Misdemeanor records do not automatically disappear after a set period, such as seven years
The duration these records remain accessible depends on the jurisdiction and the offense In many states, misdemeanor records are permanent unless removed through legal action. Even after a set aside you are not permitted to claim that you did not commit the crime that you were convicted of Additionally, it can and will still be used to enhance any future sentence, subject to the standard rules and limitations of any prior conviction that has been set aside.
However, an individual may be able to have a felony or a misdemeanor conviction set aside It relieves collateral consequences but does not seal record Conviction must still be disclosed. While people become eligible to have their conviction set aside as soon as their sentence is complete, we generally find that judges prefer to wait around three to six months after completion of sentence before setting aside the conviction.
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