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hello this is attorney patrick silver with another interesting question by one of our viewers recently we were asked I want to expunge my record can the judge denied my request is a discretionary or manatorian his work is interesting on a misdemeanor DUI the judge has the ability and the authority under the law to deny your request for expungement that means that this is discretionary letamp;#39;s take different types of cases letamp;#39;s take a misdemeanor theft misdemeanor assault misdemeanor battery all those if you request for an expungement under the law it is not discretionary with the judge and he has to grant it if you comply with all your probationary terms that means did you do everything that was required so you can see that thereamp;#39;s a damp;#39;economie between the two different standards set or people charged with DUI and somebody charged with other types of misdemeanor other types of misdemeanor itamp;#39;s mandatory that you can get your case expunged misdemea