Q: Can a case that was dismissed be expunged if you have prior, separate convictions?
Can a case that was dismissed be expunged if you have prior convictions? For instance, if you have a case dismissed in 2019 but you have a conviction for a separate case in 2015, can the dismissal be expunged or sealed?
A: It depends on when the statute of limitations will run on the case that was dismissed on in 2019. There is a good possibility that you can get the dismissed case expunged.
Kiele Linroth Pace agrees with this answer
1 user found this answer helpful
A:
A prior conviction doesn't impact expunction eligibility based on the limitations period, but it might impact a prosecutor's willingness to recommend or certify for early expunction.
However, if you are using the word "dismissed" to refer to a case that was resolved with deferred adjudication community supervision then that isn't a REAL dismissal and it isn't eligible for expunction. A prior conviction CAN impact eligibility to seal a case with an order of nondisclosure. Anyone who has been previously convicted of an offense involving Family Violence, Murder, Manslaughter, or Aggravated Kidnapping is permanently ineligible. Also, a judge can always deny an order of nondisclosure by entering a finding that it is not "in the interests of justice."
Also, be aware that if your 2015 conviction was your first misdemeanor conviction other than a traffic offense then you MIGHT be able to get it sealed even if you did not complete deferred adjudication probation.
1 user found this answer helpful
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