Can an original charge be removed from your record?

UPDATED: Sep 30, 2022

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Can an original charge be removed from your record?

When I was younger, I was arrested at a party and charged with illegal consumption and possession of drug paraphernalia as an infraction on my record. There were 4 other people who were also arrested that night, with 1 having a pipe on him but we were all charged with it.

My record shows that I pled guilty to illegal consumption, however it says nothing about the possession of paraphernalia other than the original charge. I did not take a plea deal and nothing was said about it being dropped or dismissed in the record. I was told by my city

prosecutor’s office that I can’t have an original charge removed. Is this true?

Asked on June 23, 2016 under Criminal Law, Indiana


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It really depends on how your plea deal for the illegal consumption was worded, handled and reported.   You need to have a criminal defense attorney look at your paperwork... not the prosecutor's office.  Many prosecutors do not like expunctions and do very little to assist with them.  They are not required to help you with an expunction, even if it is the right thing to do.  So... arrange a consultation with a defense attorney and let them asses whether or not your situation would qualify.  There is a good chance that you could at least get the things that you did not plea to expunged.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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