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Legal Question: Expunging My Son’s Record

My son was charged with two counts of assault and spent nine months in county jail. He is getting mental health help and has no incidents. Can his record be expunged?

The first step for your son is to make sure he completes his probation without incident. Getting a case dropped from two felony counts to a misdemeanor is a significant positive outcome. Then, if this happens, your son may be able to get the misdemeanor removed from his record later as well. This is called “vacating” a conviction. He would have to wait a period of time (a minimum of three years) to make this kind of request. And that whole time would have to be spent with no new criminal charges. If he stays out of trouble for that period of time, he would want to talk to an attorney about vacating the misdemeanor conviction.

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