QUESTION
Can I do something to erase my felony assault?
Asked on Oct 10th, 2011 on Criminal Law - Colorado
More details to this question:
I had a felony assault around 15 years ago. Can I do something to erase that case?
35 ANSWERS
Steven D. Dunnings
Is that your only criminal conviction?
Answered on Jul 03rd, 2013 at 2:34 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes. Hire a lawyer.
Answered on Jun 03rd, 2013 at 12:27 AM
Jacob P. Sartz
My first advice would be to obtain an attorney to assist you with this matter. You may be eligible to expunge that prior conviction. Expunging a crime in Michigan is complicated. This response does not contain specific legal advice. Speaking in general terms, there are several significant obstacles to getting offenses expunged in Michigan. Expunging a criminal charge is great way of clearing up past mistakes. However, there are a series of obstacles. First, a person may expunge only one prior conviction and they can only have "no more than 2 minor offenses in addition to the offense for which the person files an application." MCL 780.621(1). Second, certain offenses cannot be expunged. Traffic offenses for example, even something as simple as driving on a suspended license, a lot of high level or capital felonies, and other offenses as listed in the applicable statutes, cannot be expunged. It depends on which offense is currently on the person's record. Additionally, even if a person only had one offense, if they had issues with probation, i.e., probation violations or other infractions while serving their sentence, that may be obstacle as well. There is also a time limitation. Any effort to expunge an offense cannot commence until five years after the date of conviction. Lastly, expunging an offense from a criminal record takes time, requires a lot of paperwork, carries some notable costs, and eventually, applicants need to appear before a judge and convince the judge that they are worthy of having the offense expunged in order to complete the process. Please consult with and retain a criminal defense attorney to assist you with the process.
Answered on Nov 07th, 2011 at 10:34 PM
In New York, you can not "remove" or "expunge" a felony conviction. If you have had certain rights taken away because of it, or have been unable to obtain a work specific license, you can appeal any denial based on the facts of your conviction. The only arena where you would be able to "remove" this conviction, is in a job or school application, but only if the application specifically asks if you have been convicted of a felony in the past 10 years, to which you can answer no.
Answered on Oct 28th, 2011 at 1:08 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
It's possible, depending on how serious the assault charge was, and whether you have had any other convictions in the past 15 years. Oregon statutes allow for expungment of some convictions.
Answered on Oct 26th, 2011 at 5:45 PM
Michael J. Breczinski
It depends on wheter you have ANY other convictions including misdemeanors. If the answer is no then yes you can petition for an expungement. Talk to an attorney.
Answered on Oct 26th, 2011 at 3:20 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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One cannot expunge a conviction. One can pay a lawyer to file a Petition to Expunge a mere allegation/arrest.
Answered on Oct 25th, 2011 at 1:59 PM
Samuel H. Harrison
If it was a guilty plea, a nolo contendere plea, or a conviction there is nothing you can do.
Answered on Oct 25th, 2011 at 1:25 PM
If it is the only conviction, you could file a motion with the court seeking an expungement of this record. You motion would have to comply with the applicable statute and Michigan Court Rules.
Answered on Oct 25th, 2011 at 1:24 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Some felonies can be expunged, and some can be reduced to a misdemeanor and then expunged.
Answered on Oct 25th, 2011 at 1:05 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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You should be eligible for a Petition For Expungement which could be filed in the Court where your conviction was. This is generally available if you have no other convictions.
Answered on Oct 25th, 2011 at 12:59 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you were convicted and sent to prison, nothing can be done. If you received and successfully completed deferred adjudication probation, then the record can be sealed. If the case was dismissed or resulted in a not guilty verdict, the case can be expunged.
Answered on Oct 25th, 2011 at 3:45 AM
You need to contact an attorney. It may involve a 2 step process, where a 17b motion is first filed to reduce the felony to a misdemeanor. Once granted, a petition can be filed to expunge the misdemeanor. Contact an attorney about your eligibility.
Answered on Oct 25th, 2011 at 3:41 AM
Criminal Law Attorney serving Grand Rapids, MI
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The Law Office of Thomas B. Baynton
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Yes, you can petition to have this conviction set aside if this is the only crime you have been convicted of. The victim will have the opportunity for input in this proceeding if they choose to do so.
Answered on Oct 25th, 2011 at 3:41 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. You cannot do anything to erase it.
Answered on Oct 25th, 2011 at 3:34 AM
Insurance Defense Attorney serving Portland, OR
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American Family Insurance Group
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Yes, you might be able to clean up your history.
Answered on Oct 25th, 2011 at 2:58 AM
Massachusetts does not allow you to erase a felony conviction; but, it does permit the sealing of the record 15 years from your release from prison or from the probation termination date. In May of 2012 the sealing statute will be amended and you can seal a felony in 10 years. Sealing will prevent the public from seeing your criminal record in Massachusetts. Be aware that sealing in Massachusetts does not seal your federal record. If the police took your fingerprints when you were arrested for the felony, then it is likely that your prints went to the FBI where a federal record was created. Consult an attorney to thoroughly discuss this issue.
Answered on Oct 25th, 2011 at 2:48 AM
James Albert Bordonaro
You can file a petition with the original court that convicted you for an expungement. There are forms and the fee is probably less than $100.
Answered on Oct 25th, 2011 at 2:46 AM
It may be possible to get it expunged depending upon the facts of your case. I would advise talking with a criminal defense attorney and see if you qualify.
Answered on Oct 25th, 2011 at 2:29 AM
Assault Attorney serving Richardson, TX
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This depends on if you were granted deferred probation, straight probation or a jail sentence.
Answered on Oct 25th, 2011 at 2:15 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Yes ,seek annulment per RSA 651:5. If you qualify it is a relatively simple process.
Answered on Oct 25th, 2011 at 2:15 AM
3 Awards
Not if it is a conviction. However, if it was dismissed, no billed, you were found not guilty, or you successfully completed deferred adjudication probation, then we can help you.
Answered on Oct 25th, 2011 at 2:13 AM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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It is possible, if you didn't go to state prison and successfully complete probation to have it expunged pursuant to PC 1203.4.
Answered on Oct 25th, 2011 at 1:22 AM
For a felony assault charge you can apply for a certificate of rehabilitation. Depending on the facts you may be eligible for an expungement. Also depending on the facts you may get it reduced to a misdemeanor and then expunged.
Answered on Oct 25th, 2011 at 1:22 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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No. New York does not expunge records or seal convictions.
Answered on Oct 25th, 2011 at 1:22 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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As long as you have no other convictions including misdemeanors and juvenile adjudications you can apply to have it set aside or expunged.
Answered on Oct 25th, 2011 at 1:21 AM
Daniel Kieth Martin
This is a common question, here are the basic steps to expunge your record. 1. collect proof that you complied with probation. (Do this by going to probation and asking for their records) Go to the court and get proof that you paid any fines or fees to the Superior Court. 2. Write a motion pursuant to California Penal Code Section 1203.4 and Penal Code Section 17(b). Include with the motion a proposed order for the judge to sign. This motion asks the court to reduce the charge to a misdemeanor and to dismiss the case. (If the case is not a wobler, then you do not need the motion pursuant to 17(b) because straight felonies cannot be reduced to a misdemeanor.) Include written proof of compliance with the terms of probation and any written evidence of rehabilitation. Make a total of five copies of the original. (So you will have six total) 3. File the original motion with the court in the county that you were convicted. The court will give you a date that the motion will be heard and the department that the motion will be heard. Ask the clerk to stamp one copy for your records. Write the date, time and department on the remaining copies. Have someone 18 years old or older other than yourself, file a copy of the motion with the Sheriff, Probation department, the District Attorney, and the arresting agency if it was not the same Sheriff's office 4. attend the hearing and the judge will rule. If he grants the motion, he will sign the order. Get a copy of the order and mail it to the California Department of Justice. It is important to understand that if you complied with all of the terms of probation then the judge has to grant the motion. If you violated probation, the judge can grant it but he has the authority to deny it also. A lawyer can help you do this, however if you cannot afford a lawyer you should be able to follow the steps above. You can find more detailed information here Valley Justice.
Answered on Oct 25th, 2011 at 1:17 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It depends upon the felony conviction. If it was a crime of violence like rape, murder, attempted murder, assault, assault with a deadly weapon then the answer is "no". I would advise you to speak with an attorney so that you can review all the facts with him/her.
Answered on Oct 25th, 2011 at 12:00 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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You should Google California Penal Code and look at section 1203.4. Many courts have forms for this. Check with a clerk.
Answered on Oct 24th, 2011 at 11:59 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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You should look up expungements in the internet.
Answered on Oct 24th, 2011 at 11:59 PM
Alabama has the Board or Pardons & Paroles that allow for an application for a pardon to be considered. I would consult an attorney who specializes in that area. Once an attorney gathers all the paperwork needed they will submit your file for consideration. The Board members meet and decide if you qualify.
Answered on Oct 24th, 2011 at 11:58 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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California doesn't let you "erase" it but you can minimize the impact if you qualify. Assuming you didn't get sentenced to state prison, you can seek a reduction to a misdemeanor and a dismissal under 1203.4 of the Penal Code. That is the best it can be cleaned up since California doesn't have a true "expungement" statute that can erase a case from your record. Talk to a local criminal defense attorney about the specifics and what options are available to you.
Answered on Oct 24th, 2011 at 11:58 PM
Appellate Attorney serving University Place, WA
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Baner and Baner Law Firm
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You can try and it depends on the circumstances. Various attorneys in the state do this work for flat fee. Some individuals have luck going at it on their own.
Answered on Oct 24th, 2011 at 11:57 PM
Criminal Defense Attorney serving Tustin, CA
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Wallin & Klarich, A Law Corporation
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Nothing will erase it completely The following will help clean you record the best California Law has to offer You may qualify for 1203.4 expungement certificate of rehabilitation or Governor's Pardon.
Answered on Oct 24th, 2011 at 11:57 PM
Criminal Defense Attorney serving Denver, CO
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The Law Offices of Jaime Cowan, P.C.
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Unless the case was dismissed, it will stay on your record.
Answered on Oct 24th, 2011 at 11:56 PM