Question

Can I get this MIP off my record?

I received an MIP a few months ago and recently got off of probation for it. Over the weekend I received a second MIP due to having about 10 full cans of beer in the trunk of my friend's car. The officer asked us to get out of the car because he claimed that it smelled of weed. We allowed him to search the car and when he didn't find any weed he wrote us up for MIPs. Is there any way that I can get this expunged? This second MIP or any other way that I can get it off of my record?
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Answered By: Law Office of Eric Sterkenburg
If you are under eighteen you can have your record sealed and then destroyed when you turn eighteen. If you are over eighteen then you could get your record on both the misdemeanors expunged. To qualify for expungement, the petitioner must have completed probation, paid all fines and restitution, not served a sentence in state prison for the offense, and not be currently charged with a crime. Expungement will not keep the expunged crime from acting as a priorable crime. Expungement will not have any impact on the use of a DUI conviction as a prior. With more facts an attorney cha give you a complete answer.

Answer Applies to: California
Replied: 9/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh
The best way is to not have it on your record in the first place. You should contact an experienced attorney, who may be able to negotiate a deal with the Judge whereby your earn a dismissal. MIP is a relatively minor charge, so a good attorney has some wiggle room with the court.

Answer Applies to: California
Replied: 9/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Todd Landgren, Professional Law Corp.
Ask court if they have a "program" to keep off record. Most courts will have them because it is a one year license loss if you are convicted.

Answer Applies to: California
Replied: 9/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Daniel K Martin
It will go off your record when you are no longer a minor. (basically it will be gone) In the future do not give officers permission to search anything. You should still speak with a criminal defense lawyer, he or she may be able to suppress the evidence in this case

Answer Applies to: California
Replied: 9/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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