QUESTION
How do I get a drug felony expunged from my record?
Asked on Oct 14th, 2011 on Criminal Law - California
More details to this question:
How do I get a drug felony expunged from my record? If that isn't possible, what can I do?
25 ANSWERS
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. If you need specific legal advice for your own circumstances, I recommend consulting with an attorney experienced with these types of matters. Most attorneys provide free initial consultations. 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, preferably an experienced one who has handled these matters, to assist you with the process. Most attorneys offer a free initial consultation.
Answered on Nov 11th, 2011 at 1:31 PM
Michael J. Breczinski
Depends is it your only conviction for anything? Is it over 5 years old? If so then go see an attorney about how to petition the court you were in front of to get it expunged.
Answered on Oct 28th, 2011 at 1:21 PM
Eligibility for expungement in Oregon depends on a number of factors, such as the length of time that has passed since your conviction, whether you have been convicted of anything since, and how serious the original conviction was.
Answered on Oct 21st, 2011 at 10:10 PM
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 and it has been at least five years you can apply to have it set aside. Google for a packet on how to set aside a conviction or retain a lawyer that does expungements.
Answered on Oct 20th, 2011 at 1:25 PM
Samuel H. Harrison
The short answer is that in Georgia you can't get a criminal case expunged after you have been tried and found guilty or have pled guilty.
Answered on Oct 17th, 2011 at 3:51 PM
If you served a sentence in the state prison system on a felony, you must apply to the Superior Court for a Certificate of Rehabilitation. To meet the requirements you must live in California for at least seven years after you complete your parole. After you receive a certificate of rehabilitation, certain rights are restored.
Answered on Oct 17th, 2011 at 3:50 PM
It depends on whether or not you have had other charges, but it is usually seven years after probation ends to have a felony expunged. Go to the Utah Courts website and click on the link to Expunge Record, it will go through the steps you need to take.
Answered on Oct 17th, 2011 at 2:33 PM
If more than five years have passed since the conviction and all probation, etc. has been complied with, you would file a motion with the court asking for an expungement. The motion would have to comply with the applicable statute.
Answered on Oct 17th, 2011 at 2:09 PM
Assault Attorney serving Richardson, TX
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The answer depends on what happened with the case. If it resulted in a plea, expunction is not allowed. Possibly there may be a non-disclosure. You should call to discuss with your attorney of my office.
Answered on Oct 15th, 2011 at 2:45 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I am sorry to be the one to tell you that there is no expungement in the State of New York. There is nothing you can do.
Answered on Oct 14th, 2011 at 10:37 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Google California Penal Code and look at Penal Code sec. 1203.4. Most court clerks have forms for this. You don't need a lawyer.
Answered on Oct 14th, 2011 at 10:10 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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You should contact a local criminal defense attorney in your area. They will be able to quote you a rate for expungement packages and inform you about what specific charges are eligible for expungement in your jurisdiction.
Answered on Oct 14th, 2011 at 10:06 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I am not sure, based upon your inquiry. If you are not a resident of Washington state, I am not sure my advice is applicable. To expunge a felony record, the conviction CANNOT be for a crime of violence, ie., rape, assault, murder. Also if a firearm was used in the commission of the crime, this could also prevent expungment. Assuming the conviction is the type that is expungeable, there must be a minimum of 5 years times lapsed from the time that the Department Of Corrections release you from all obligations and during that period you can have no subsequent violations of the law in that court, or any other court within that state or any other state. You really need to consult with an attorney to see if you qualify.
Answered on Oct 14th, 2011 at 10:06 PM
Expungements are available for most C felonies and some B felonies. However there are different situations that may apply regarding obtaining the expungement. Each case is different. Please contact me at your earliest convenience to set up a consultation.
Answered on Oct 14th, 2011 at 5:58 PM
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One case in a lifetime can be sealed or expunged. A drug case can be sealed or expunged. We charge $750.00 to handle that application. Certain facts and circumstances have to apply to start this. So meet with an attorney to discuss your personal facts and circumstances. Were you adjudicated guilty or was there a withhold (is one factor).
Answered on Oct 14th, 2011 at 5:43 PM
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Hire an attorney. You can only get it expunged if it was not guilty, no billed or dismissed.
Answered on Oct 14th, 2011 at 5:16 PM
Criminal Defense Attorney serving New Orleans, LA
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Elizabeth B. Carpenter Law
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A first offense felony may be expunged under Article 893 of the Louisiana Code of Criminal Procedure. When a conviction is entered under Art. 893, the court defers the imposition of sentence and places the defendant on probation. If the defendant successfully completes the probation period, the court may set the conviction aside and dismiss the matter. The dismissal has the same effect as an acquittal - hence, the defendant may then file for an expungement. Something that you should know in advance is that expungements are not cheap.
Answered on Oct 14th, 2011 at 5:08 PM
Gary Moore
It depends on which particular drug offense it was and which drug it was and how much much of the drug was involved.
Answered on Oct 14th, 2011 at 5:07 PM
In Maryland, it is impossible to get a conviction expunged from your record. If you have a probation before judgment in the case, you can file a petition for expungment. If you are not sure what the status of your case is you should see a lawyer for assistance.
Answered on Oct 14th, 2011 at 5:05 PM
Daniel Kieth Martin
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.
Answered on Oct 14th, 2011 at 5:05 PM
You need to hire an attorney to file a 17b motion to reduce the charge to a misdemeanor. Once granted, the attorney can procced to petition the court to expunge the misdemeanor. Contact an attorney about your eligibility.
Answered on Oct 14th, 2011 at 4:54 PM
Felony drug convictions can be "annulled" 7 years from the conviction date.
Answered on Oct 14th, 2011 at 4:50 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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California doesn't have a true "expungement" law where it gets erased from your record. What we do have is a dismissal under Penal Code section 1203.4 if granted, that will allow you to withdraw your plea (or set aside a jury verdict of guilty) and dismiss the case. That allows you to tell most private employers that you have not been convicted of a crime. It still exists on your record, can be used as a prior conviction in the future and if the felony is a strike, it can still be alleged as a prior strike. If your felony was a "wobbler" - meaning it could be filed as a misdemeanor or a felony, you can also seek to have it reduced to a misdemeanor, then dismissed. A local criminal defense attorney can assist you with this for a reasonable fee.
Answered on Oct 14th, 2011 at 4:48 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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See RSA 651:5 regarding time frame for seeking annulments. The time really depends on the level of offense. If a special felony under 318-B there is a special time you must wait to seek an annulment. If you qualify fill out a petition to annul and pay the fees. If you screw up paperwork, you must wait 3 years.
Answered on Oct 14th, 2011 at 4:46 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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A felony case is not usually dismissed (popularly called an "expungement", though it is not one) by a defendant acting as their own attorney (in propria persona, or "in pro per"). You can hire an attorney to do it for you, and it should be cheap, or you can apply with the goodly offices of the Public Defender. In my main practice County, there is a filing fee of $60. If all your fines and fees are paid, you have met and complied with all of the terms and conditions of probation, there is no new case pending, and particularly if the term of probation has elapsed (or sometimes prior to that, on your request), then you will be granted relief pursuant to Penal Code section 1203.4 Contact an experienced, local Criminal Defense Attorney to do the job. Shop around. Caveat emptor.
Answered on Oct 14th, 2011 at 4:41 PM