Getting a Charge Expunged After a Municipal Ordinance Violation

Hey there! If you got cited for violating some random city ordinance like having overgrown grass or playing music too loud, you might be wondering if you can get that charge removed from your record. The good news is, in many cases you can through a process called expungement. Let’s break down what expungement is, when you can do it, and how to get started.

What is Expungement?

Expungement is when a court seals or destroys records of your prior arrests, charges or convictions. It’s like your record gets wiped clean, as if the incident never happened.

Now don’t go getting your hopes up just yet. Expungement doesn’t automatically happen, you gotta take action to make it happen. And even if a charge gets expunged, some agencies like law enforcement can still see it. But it’s way better than having it out there for any random person or company to find when they do a background check on you.

When Can You Get a Municipal Ordinance Violation Expunged?

Every state has different laws about when you can seek expungement. But generally, if you were cited for violating some minor city rule that didn’t result in jail time, you can ask to have it expunged after a certain period of time has passed.

For example, in California you can petition for expungement of an infraction like a noise violation after one year. Other states make you wait anywhere from 1 to 5 years before you can ask for expungement of minor offenses.

The waiting period gives you a chance to show you haven’t gotten into any more trouble. Because let’s be real, if you start racking up violations and can’t follow basic rules, no judge is gonna want to wipe your record clean.

What’s the Process for Expungement?

The process for getting a municipal ordinance violation expunged usually goes like this:

1. Wait the required time period after your conviction – again, this could be 1 year to 5 years depending on your state. Be sure you don’t get convicted of anything else during this waiting period.
2. Get certified copies of records related to your conviction. You’ll need to take these to court with your expungement petition.
3. Complete an expungement petition or application. Your court’s website will likely have forms available. The petition explains why you’re seeking expungement.
4. File your petition with the court and pay any required fees. Fees are usually around $100-$300.
5. Attend your expungement hearing. This is where the judge reviews your petition and decides whether to grant expungement. Be prepared to explain your situation and why you deserve expungement.
6. If approved, get copies of the expungement order. You’ll need to deliver these to agencies that have your records so they can seal or destroy them as ordered.

It seems like a lot of steps, but it’s totally worth it to get that dumb citation removed from your record for good!

What Factors Does the Judge Consider?

When reviewing your expungement petition, the judge looks at stuff like:

• How much time has passed since your conviction
• Whether you have any subsequent arrests or convictions
• The severity of the original offense
• Whether you’ve complied with all sentencing terms like fines, classes, community service, etc.
• Your overall criminal record
• Evidence of your rehabilitation if you had an alcohol or drug-related offense

Basically, they wanna see that you’ve been on your best behavior since the conviction and deserve a clean slate. The more time that’s passed with no issues, the better!

What Types of Records Get Expunged?

If approved, your court records about the municipal ordinance violation will be sealed or destroyed. Arrest records, court records, and records held by law enforcement agencies related to the incident can also be expunged.

Records held by other agencies like the DMV may or may not be affected. Be sure to check your state laws!

Benefits of Expunging a Municipal Ordinance Violation

Having a dumb municipal violation expunged can be super helpful because:

• It won’t show up on most criminal background checks – great for jobs, housing, schools, etc.
• You can honestly say you don’t have a criminal record if asked on job or school applications.
• It improves your chances of getting professional licenses if you have a clean record.
• You avoid any stigma or bias associated with having an offense on your record.
• It brings peace of mind knowing your youthful mistakes don’t have to follow you forever!

Potential Downsides to Expungement

Of course, expungement isn’t perfect. A few downsides:

• Government agencies like law enforcement can still access your sealed records in some states.
• The arrest may still show up on advanced background checks that search multiple databases.
• There are costs involved with the expungement process, like petition fees, attorney fees, court costs, etc.
• It doesn’t erase the offense from your memory or the memories of those who know about it.

Still, for most people the benefits outweigh the downsides. Getting that infraction off your official record is a huge win!

What About Expunging Felonies or Misdemeanors?

Felonies and misdemeanors can also potentially be expunged in some cases. But the process is a lot more complicated than with minor ordinance violations.

It really depends on the state and the type of offense. For example, some states allow expungement for misdemeanor drug possession but not felony drug distribution. And obviously more serious crimes like murder, rape, fraud, etc. can’t be expunged.

If you’re hoping to expunge a more serious conviction, definitely talk to an attorney to understand your options. Don’t try navigating that process alone.

The Waiting Game Starts Now

Alright, let’s say you just got cited by the city for having trash cans out too long. The citation’s not a huge deal, but you don’t want it on your record forever.

Now comes the hard part – waiting out the required time before you can ask the court to expunge it. In your state, the waiting period is 2 years for minor ordinance violations.

So be patient and focus on being a model citizen for the next 24 months. Seriously, keep your nose clean. Don’t give the judge any reason to say no to expunging your record.

Once you hit that 2 year mark, you can start the expungement process. And hopefully by this time next year, it’ll be like that trash can incident never happened! Good luck!