Expungement may also be used as a means of restoring rights that have been lost because of the crime, while an individual or his or her legal counsel is attempting to protect a civil right. While expungement isn't usually available for misdemeanor cases, those who can avail themselves of an Order for limited access may be able to pursue an Order for limited access for some misdemeanor crimes. The most common expungement statute that sets forth the criteria for eligibility requires the crime to be one that has already been completed with the criminal justice agency that initially prosecuted the person for the crime.
Misdemeanor crimes that are eligible to be expungement lawyer are usually crimes that are punishable by more than one year in prison. In addition to this, the crime must also be an offense which carries no element of a greater penalty, such as a longer prison term, fines, or rehabilitation programs. With a DUI lawyer, there may be other factors which will determine whether the crime is eligible to be expunged as well.
Because an expunging petition must be filed within three years after the date of the crime, it is necessary for the state's office of public prosecution to make certain that the statute of limitations has expired before the petition can be considered for filing. This is usually referred to as "the statute of limitations for expunging a misdemeanor" and must be followed in order to ensure that the expunging petition is valid.
Some states, such as Arizona, may grant expunged minor misdemeanor charges. In Arizona, all misdemeanors (and felony charges) that are less than two years old are eligible to be expunged under the Arizona expunge laws. There are several statutes in different states, but many states follow the same general approach when considering expunged minor offenses.
For the most part, expunged felonies and sex offenses are not as easily accessible as misdemeanor crimes. Many states, including Florida, require an order for limited access to be obtained from their local courts before a felony or sex offense can be expunged. A Felony is defined as a felony offense that was charged against a person as a criminal offense, or in a criminal case. Sex offense is defined as any act of sexual conduct that is against another individual, a child, or a married couple.
However, even major crimes like murder, rape, arson, or kidnapping can be expunged if the charges were successfully dropped by the state. In these cases, the individual who has been charged with the crime might be able to file a request for an order for limited access. However, this is only possible if the felony was withdrawn by the prosecutor.