Q: I was charged with 4th degree burglary. I got PBJ and it’s been 3 years since that ended. Can I have it expunged?
I didn’t burglarize anything. Some ppl drugged me and I thought my uncle was still staying in this same room so I beat on the door because I thought ppl were chasing me so I jumped in the window, realized he wasn’t staying there anymore, then I jumped out the back window. I told the cops what happened and they didn’t even arrest me! The next day the show up with a warrant because the ppl staying in that room have a pretty lengthy criminal record. I have a crap driving record but I’ve never stolen or burglarized anything. I even called the clerk gave them the case number and they told me yes it’s been 3 years since the PBJ ended and to come in and file for expungement. Today I get a letter saying the state is objecting to my expungement. The two ppl kept calling the state police and even they said the amount of money they’re claiming you stole keeps changing and said he didn’t even want to come arrest me because he knew they were lying. I had nothing in my pockets when security checked.
A: You are entitled to expungement three years from the entry of the PBJ so long as your probation has ended. However, a subsequent conviction within the three years or pending criminal charge can disqualify you from expungement. If the State is objecting, they would state the reason for their opposition. It would be important to know the reason for the objection. You should consult with a lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
