How To Get A Ticket Expunged

••• Photos.com/Photos.com/Getty Images

A charge of underage drinking, even one from many years ago, may pose a problem when someone is trying to get into college, win a scholarship or secure a job. Luckily, in most states, people can get underage drinking records expunged. Each state has its own laws and procedures regarding expungement.

Meaning of Expungement

The simply way to completely clear a criminal record is to take it expunged. Expungement completely clears a criminal tape and removes all information relating to it from the public record. It'southward as if the charge never existed. Anyone can ask the court for expungement, provided they meet all the atmospheric condition set out in their state's laws.

However, not all states have legislation relating to expungement. For example, information technology'southward not possible to have a criminal tape expunged in New York state (apart from sure marijuana charges). Every bit an culling, in some states, you tin have the tape sealed. While information technology has a similar effect, sealing does not completely erase the record. A sealed record is non readily available to the public, but it can however be "re-opened" past a court society.

Criteria for Expungement

The kickoff step is to determine if your state offers expungement of an underage drinking charge. Next, an applicant must meet sure criteria before he can utilize for expungement.

For instance, in Pennsylvania, a charge of underage drinking can exist expunged provided i of two circumstances employ. Either the charges must have been dismissed, withdrawn, or the person was institute not guilty, or, in the case of a guilty verdict, the person must have turned 21 years old and have successfully completed the sentence.

In New Jersey, a Pocket-size in Possession accuse (MIP), which comes under the category of a disorderly person'southward offense, may exist expunged afterwards v years. However, if it'south downgraded to an ordinance criminal offense, information technology may be expunged afterward ii years.

Read More: How to File a Petition for Expungement

Process for Expungement

Each land has its ain procedure for expungement, but in all cases, the process begins with an awarding to the court. Police criminal history records and fingerprint checks are required to gain all the information necessary about arrests, charges and dispositions. The correct awarding form must exist completed and signed, then filed with the advisable courtroom. If the country charges a filing fee, the applicant must pay it at the time of filing.

The applicant may take to distribute copies of the expungement application to all government agencies that were involved with the example. In some states, expungement is not consummate until the defendant has attended a hearing, at which time the court decides whether the underage drinking will be completely removed from her criminal tape.

Dismissal of Underage Drinking Accuse

Some states offer an alternative route to expungement of an underage drinking charge. In Northward Carolina, a outset charge of underage possession of alcohol may be eligible for a dismissal (also known every bit a deferral). The defendant must be at least 16 years of historic period and can't have any previous criminal convictions (either every bit a juvenile or an developed). If the defendant and the prosecutor agree to the dismissal and the gauge approves, certain requirements must then be satisfied during the side by side 6 months, including the following:

The accused must acknowledge guilt.
The defendant must successfully complete any recommended alcohol didactics classes.
The defendant must remain in school or be gainfully employed.
The defendant must non be convicted of whatsoever misdemeanor or felony criminal offense during the half dozen-month menstruum.

If all weather are met, the booze accuse will exist dismissed at the end of the six-calendar month period and will thereafter be eligible for expungement.

In Texas, if a charge of Possession of Alcohol by a Minor (an MIP charge) is dismissed, or if the accused receives and completes a deferred disposition (probation), it's possible to accept the accuse expunged. However, the defendant must be age 21 earlier applying for expungement.