Can an original charge be removed from your record?
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Can an original charge be removed from your record?
When I was younger, I was arrested at a party and charged with illegal consumption and possession of drug paraphernalia as an infraction on my record. There were 4 other people who were also arrested that night, with 1 having a pipe on him but we were all charged with it.
My record shows that I pled guilty to illegal consumption, however it says nothing about the possession of paraphernalia other than the original charge. I did not take a plea deal and nothing was said about it being dropped or dismissed in the record. I was told by my city
prosecutor’s office that I can’t have an original charge removed. Is this true?
Asked on June 23, 2016 under Criminal Law, Indiana
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It really depends on how your plea deal for the illegal consumption was worded, handled and reported. You need to have a criminal defense attorney look at your paperwork... not the prosecutor's office. Many prosecutors do not like expunctions and do very little to assist with them. They are not required to help you with an expunction, even if it is the right thing to do. So... arrange a consultation with a defense attorney and let them asses whether or not your situation would qualify. There is a good chance that you could at least get the things that you did not plea to expunged.
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