Q: I had a conviction in 2008 for a traffic offense. I'd prefer to have that removed from my record, is there a way I can go about this?
A: Yes, you can do this. The process is called "expungement," or also a "motion to set aside." The relevant law can be found here.
You have to apply for this in the county where the conviction happened. To meet the statutory requirements, it has to be more than 5 years since the offense. If your conviction was a misdemeanor, you can't have more than 2 misdemeanors (and only can set aside one) ; if your offense was a felony, you can't have any other felony offenses.
It does get a little more technical than that, so I hope that your criminal record isn't too involved, and in any case I hope you seek separate legal advice before you request this motion.
It also helps - a lot - to add evidence to your motion of your current good character. In other words, you've learned your lesson, and you are not likely to continue to break laws, and you won't be a concern to the legal system.
You also mention in your question that this was a "traffic offense." I am sorry to say that some types of criminal convictions can't be set aside under the statute, and convictions for drunk driving are one of those - so if you were convicted of impaired driving, operating under the influence, etc., your motion will fail. Again, seek separate legal advice before you begin, even if you apply for the motion without a lawyer.
Yours,
Nancy
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