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I was convicted of credit card abuse. I served six months in state jail. I have been out for nine months now and am looking to have my felony expunged. Any help on the matter would be helpful.
22 ANSWERS
Traffic DUI/OVI Attorney serving Dayton, OH
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Deal & Hooks, LLC
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The law for expungement requires a one year time since your penalty expired. Even then it has to be your first and only criminal conviction. If a year has passed since your sentence was finished or you were released from probation, parole and it is your only offense you may be able to get it expunged.
Answered on Jun 10th, 2011 at 9:57 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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In Michigan, after 5 years from your release, if this is the only felony or misdemeanor on your record, you could be eligible for an expungement. A Motion would need to be filed with the Court at that time I hope that this was helpful.
Answered on Jun 09th, 2011 at 8:50 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No, but you can retain our office to make an application for a relief from disability or move the trial court to vacate the charges and conviction.
Answered on Jun 08th, 2011 at 5:11 PM
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It depends in what state you were convicted and your criminal history. You may have to wait several years until you are eligible. Contact a local criminal defense attorney.
Answered on Jun 08th, 2011 at 4:56 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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It is possible to have felonies expunged where there was no state prison sentence. Feel free to contact me to discuss your case in further detail.
Answered on Jun 08th, 2011 at 2:38 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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You become eligible for expungement five years after you complete your sentence and receive a certificate of discharge from the superior court.
Answered on Jun 08th, 2011 at 2:37 PM
Jacob P. Sartz
I would recommend consulting with a local criminal defense attorney who practices law within the jurisdiction of the court where you were convicted. The applicable laws for expunging an offense vary greatly depending on the type of charge, particular state where you were convicted, and a litany of other factors. Most attorneys provide free initial consultations. It is certainly worth the effort to make a few calls.
Answered on Jun 08th, 2011 at 2:29 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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RSA 651:5 sets forth annulment statute. Felonies can be annulled after 5 yrs if B felony 10 years if A felony.
Answered on Jun 08th, 2011 at 12:19 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes, after 5 years.
Answered on Jun 08th, 2011 at 12:07 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Was it only one charge that you were convicted of? If so, then the offense would be eligible for expungement. If you were convicted of at least two counts or if you have any prior misdemeanor or felony charges on your record, you will not be eligible. There is also a time requirement. At least five years must have passed since either the date of sentencing or the day you were released from jail whichever is later. Contact an attorney that does expungements for a more detailed evaluation of your case.
Answered on Jun 08th, 2011 at 11:55 AM
If yours was a class C felony, as I suspect it was, you must wait five years after the date you are eligible for a certificate of discharge (end of community custody and payment of legal financial obligations) before you can petition the court for an order expunging your conviction data. It's ten years for a class B felony.
Answered on Jun 08th, 2011 at 9:47 AM
You have to be off parole first and/or not on probation, then your lawyer can file a 17b motion to reduce the felony to a misdemeanor which, if granted, gives you the right to petition the court for expungement.
Answered on Jun 08th, 2011 at 9:33 AM
I believe if there is any possibility of expungement, it cannot occur prior to 5 years after conviction.
Answered on Jun 07th, 2011 at 5:19 PM
Michael J. Breczinski
It is possible to have the conviction to be expunged. There are several thing that should happen. First 5 years must pass from the time you were sentenced, or if incarcerated, the time you got out of jail or prison. Second It must be you only conviction. If there were two or more counts that you pled to or were found guilty of, then you are ineligible. Third you have to go in front of the same judge or his successor and ask to have it expunged. Fourth the Judge does NOT have to grant you the expungment. It is in his discretion, so I tell my clients to start doing good works, donate time to charities or church and generally act like a boy scout. This is so people will write letters and make it so that the judge wants to grant the expungment.
Answered on Jun 07th, 2011 at 5:15 PM
As long as you did not serve time in state prison you can get it reduced to a misdemeanor via 17B and then get it expunged via a 1203.4 motion.
Answered on Jun 07th, 2011 at 5:11 PM
Car Accidents Attorney serving Little Rock, AR
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Moffitt & Phillips, PLLC
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Depends on the jurisdiction. In AR, yes if sentenced under act that allows it.
Answered on Jun 07th, 2011 at 4:34 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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The felon can be vacated after you have satisfied the sentence, have no criminal convictions, and complete the statutory waiting period which in your case may be at least 5 years.
Answered on Jun 07th, 2011 at 3:56 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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There is no "expungement" in California, but there is a dismissal section everybody calls an "expungement." It doesn't remove it from your record, but instead puts a note that says it was later dismissed. It allows you to tell most private employers that you have not been convicted of that crime. That is not available if you were sent to state prison, including if you had a suspended sentence. You said you served 6 months in state jail. If it was state prison, you cannot get it dismissed. If it was county jail only, you may be eligible. Talk to a local criminal defense attorney to discuss your options.
Answered on Jun 07th, 2011 at 2:57 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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NY State does not have expungement. Federal courts do but its not easy.
Answered on Jun 07th, 2011 at 2:56 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Assuming your only criminal offense ever, you have to wait 5 years to attempt an expungement.
Answered on Jun 07th, 2011 at 2:26 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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The general rule is: Records are forever. However, many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you're serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answered on Jun 07th, 2011 at 1:39 PM
Criminal Law Attorney serving San Jose, CA
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Maureen Furlong Baldwin
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After you are off probation, if you have had no further incidents and have complied with probation, you have a right to a record clearance. If you are still on probation, but time has passed, you have complied with probation you can petition the court for a reduction to a misdemeanor, early release from probation, and a record clearance, it the judge finds good cause.
Answered on Jun 07th, 2011 at 1:18 PM