Is my conviction eligible for expungement if I was originally charged with theft by taking but agreed to plead to the lesser charge of disorderly conduct?

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Is my conviction eligible for expungement if I was originally charged with theft by taking but agreed to plead to the lesser charge of disorderly conduct?

Can a plea to a lesser charge be expunged? If so, after how long? I had never gotten in trouble before and haven’t gotten trouble since.

Asked on April 28, 2011 under Criminal Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were chargedd with something but actually pled guilty to some other charge then the first charge should not still be on your record.  The record will reflect the charge that you actually pled to, but there will still be an arrest record that is separate and distinct from the plea and conviction.  The answer to your question is if your state allows expungement for the crime to which you ultimately pled then yes, you can expunge the record within the parameters they set (sometimes they make you wait a certain amount of years before you can apply).  And then you have to expunge the arrest record separately.  Once those tasks are completed you need to run a background check on your self and see if the stuff comes up.  Good luck. 


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