When is the best time to apply for an expungement, 5 yrs after sentencing, 5 yrs after the probation is over via a letter from the state department. or 5 yrs after counting the time in months given to you by the judge in probation and then applying for expungement. when is the exact date
Asked on 1/13/11, 10:20 am
2 Answers from Attorneys
Neil O'Brien
Eaton County Special Assistant Prosecuting Attorney
The 5 years begins when you were convicted, meaning when you were sentenced.
Answered on 1/18/11, 10:27 am
Thomas Loeb
Law Offices of Thomas M. Loeb
The date of the conviction is the date of the plea or verdict, and not the date of sentencing. You can apply 5 years after that date. But if the sentence included time in custody, it is 5 years from the release from custody.
Remember, expungements are completely within the judge's discretion.
-Tom
Answered on 1/18/11, 10:40 am
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