QUESTION
How can I get a felony expungement for misappropriation of government funds?
Asked on Sep 08th, 2011 on Criminal Law - California
More details to this question:
I need to know what to do about getting an old felony case expunged and sealed. The case was in 1976 for misappropriation of government funds.
17 ANSWERS
Roianne Houlton Conner
Alabama does not have an expungment statute.
Answered on Sep 12th, 2011 at 9:03 AM
Michael J. Breczinski
If it was a state case then go see an attorney about getting an expungment. Also it has to be your only conviction ever unless the only other ones that you have carried a maximum sentence of 90 days, there were only 2 of them and they happened before your 21st birthday.
Answered on Sep 12th, 2011 at 8:10 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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You will need to file a Petition. I would suggest hiring an attorney. You case needs to be filed where the conviction occurred. If interested, you should contact my office to arrange a meeting.
Answered on Sep 12th, 2011 at 5:57 AM
If the case was in a Michigan court, you can file a motion as provided by statute for expungement.
Answered on Sep 09th, 2011 at 7:48 PM
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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If it was federal, you cannot do anything
Answered on Sep 09th, 2011 at 12:25 PM
Theodore W. Robinson
You'll likely need an attorney to bring a Motion for sealing and expungement, but because it is so many years ago, the Court may just grant such an application, as long as you haven't been arrested since then. Good luck.
Answered on Sep 09th, 2011 at 11:48 AM
Look up on the internet, under Utah Courts the site that has expungement on it.Your question does not say what type of felony your charge was, but usually you can expunge a felony after 7 years.There are some felonies that cannot be expunged like sex offenses.DUIs can't be expunged for ten years.Unless the statute that you were convicted under has a provision that doesn't allow for expungement, seven years would have been up a long time ago.However,you cannot have had any felonies in the intervening years to have it expunged.Good Luck.
Answered on Sep 09th, 2011 at 6:13 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You can only expunge cases which were dismissed or you were found not guilty. You really need a lawyer's representation to ensure all parties are noticed and comply.
Answered on Sep 09th, 2011 at 6:05 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I am not sure what class of felony (B or C) that you were convicted of. Assuming that it was a C felony, then you must wait at least 5 years from when you completed your felony sentence AND were formally released from probation (all probation requirements complied with) AND you must have no subsequent violations of the law in ANY state. An attorney can help you through this as it is a complicated process.
Answered on Sep 09th, 2011 at 5:41 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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As long as that is the only conviction of any kind on your record (including misdemeanors and juvenile adjudications) you are eligible to apply for having it set aside. You can Google for a packet on how to do it yourself or you can hire an attorney who is experienced in such cases to do it for you. Your price out-of-pocket will probably run $300 or so. If you hire an attorney, expect to spend at least $1,000.
Answered on Sep 08th, 2011 at 9:05 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I'm sorry to be the one to tell you that there is no expungement in New York.
Answered on Sep 08th, 2011 at 8:22 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If it was a federal prosecution and it certainly sounds that way, there is no federal expungement statute.
Answered on Sep 08th, 2011 at 8:13 PM
3 Awards
It has to be dismissed or no billed to be expunged. If you successfully completed deferred adjudication probation then it can be sealed. A final conviction can never be sealed or expunged.
Answered on Sep 08th, 2011 at 8:10 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Pardon from the President is the only way to do this.
Answered on Sep 08th, 2011 at 8:10 PM
Estate Planning Attorney serving Clinton Township, MI
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Charles Regan Shaw, PLC
If over five years with no further criminal activity you should retain an attorney to petition same on your behalf.
Answered on Sep 08th, 2011 at 8:03 PM
Daniel Kieth Martin
The hard part about this one will be proving that you complied with all terms and conditions of probation. The easiest thing to do would be to go to the public defender if that was who represented you. If not then hire a private attorney. The process goes like this: 1. Collect proof that you complied with probation. (Do this by going to probation and asking for their records) 2. Write a motion and file the motion with the court. They will tell you the date the motion will be argued. 3. Write a motion and serve it on the arresting agency, the DA, probation, and the sheriff include with the motion a proposed order. It can be helpful to include documents that prove that you have rehabilitated yourself. 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. I hope it works out for you.
Answered on Sep 08th, 2011 at 7:57 PM
You need to hire an attorney. It will be difficult to find information at the courthouse on something that is so old. Once the proper procedure has been done, the petition should be granted without trouble, since the conviction is so old. But you need an attorney to file the proper requests and motions so that the petition gets in front of a Judge to stamp and sign.
Answered on Sep 08th, 2011 at 7:48 PM