QUESTION

What can I do to get a drug conviction expunged?

Asked on Jun 01st, 2011 on Criminal Law - California
More details to this question:
12 years ago I had a drug conviction, but now I'm disabled and have been denied foodstamps because of that conviction. Will an expungment of the charge help me?
Report Abuse

21 ANSWERS

Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
Update Your Profile
In Michigan, after 5 years and no other convictions, you can petition the Court of conviction for an expungement, so long as it is not an excluded offense.
Answered on Jun 07th, 2011 at 12:12 PM

Report Abuse
Criminal Law Attorney serving San Jose, CA at Maureen Furlong Baldwin
Update Your Profile
A record clearance is almost always available. You should ask your local Probation Department for the forms. Most of the time, they have to do a background check and will likely have forms you need.
Answered on Jun 07th, 2011 at 11:27 AM

Report Abuse
Criminal Law Attorney serving Howell, MI at Law Offices of Jules N. Fiani
Update Your Profile
You can have it expunged after 5 years and you have no other criminal convictions or misdemeanor traffic offenses. If you have a case like this, you need a lawyer like myself to handle it for you successfully.
Answered on Jun 07th, 2011 at 9:41 AM

Report Abuse
Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
How? File the Petition and motion. Most people hire an attorney, but it can be done pro per with care. The basic form is available at the court or on line. Do your research. Will it help with Food stamps? Maybe, but you should ask your local welfare office to be sure. Theirs is the only opinion that counts. 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 If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed.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.
Answered on Jun 06th, 2011 at 2:38 PM

Report Abuse
Theodore W. Robinson
It depends upon what state you live in as to whether you can get such a conviction expunged. You cannot get it expunged in NY, however, it may be available in the state in which you reside. If you reside in NY and if the conviction happened when you were under age 19, then you may still have a chance by hiring an attorney to handle it for you or to obtain a Certificate of Relief from Civil Disability. Good luck.
Answered on Jun 06th, 2011 at 2:20 PM

Report Abuse
Criminal Attorney serving Bellingham, WA at Andrew Subin Attorney at Law
Update Your Profile
You can hire a lawyer to handle the expungement. This is usually not very difficult and can be done for less than $500. It should resolve the issue about the denial of food stamps.
Answered on Jun 06th, 2011 at 2:04 PM

Report Abuse
Immigration Attorney serving Newark, NJ
2 Awards
Contact a local criminal defense attorney or legal aid office.
Answered on Jun 06th, 2011 at 12:28 PM

Report Abuse
Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
Update Your Profile
You need to retain counsel to make an application for relief from disability.
Answered on Jun 06th, 2011 at 12:09 PM

Report Abuse
Personal Injury Attorney serving New Orleans, LA at Bloom Legal LLC
Update Your Profile
An expungement could definitely help. Your best option is to hire a local criminal attorney who will be able to file the necessary motions to begin expungement proceedings for you. If you are interested in pursuing an expungement in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answered on Jun 06th, 2011 at 11:18 AM

Report Abuse
If you have been crime free and had no other convictions and satisfied your sentence you may be eligible to have the conviction vacated which will help you get federal benefits. You may want to contact your county's lawyer referral service or you can try to make the appropriate motion and I handle those cases in King County but if you are on food stamps you may not be able to afford a private lawyer since the fee can be around $2700.
Answered on Jun 06th, 2011 at 10:50 AM

Report Abuse
Criminal Law Attorney serving Lancaster, NH at Harden Law Office
Update Your Profile
Anuulment is covered at RSA 651:5: If you qualify the process is relatively simple. I have attached the statute below. The date that your sentence ended is when the time period must have run with no additional convictions. 651:5 Annulment of Criminal Records. - I. Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely brought in accordance with the provisions of this section if in the opinion of the court, after hearing, the annulment will assist in the petitioner's rehabilitation and will be consistent with the public welfare. II. Any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record at any time in accordance with the provisions of this section. III. Except as provided in RSA 265-A:21 or in paragraphs V and VI, any person convicted of an offense may petition for annulment of the record of arrest, conviction, and sentence when the petitioner has completed all the terms and conditions of the sentence and has thereafter been convicted of no other crime, except a motor vehicle offense classified as a violation other than driving while intoxicated under RSA 265-A:2, I, RSA 265:82, or RSA 265:82-a for a period of time as follows: (a) For a violation, one year, unless the underlying conviction was for an offense specified under RSA 259:39. (b) For a class B misdemeanor except as provided in subparagraph (f), 3 years. (c) For a class A misdemeanor except as provided in subparagraph (f), 3 years. (d) For a class B felony except as provided in subparagraph (g), 5 years. (e) For a class A felony, 10 years. (f) For sexual assault under RSA 632-A:4, 10 years. (g) For felony indecent exposure or lewdness under RSA 645:1, II, 10 years. IV. If a petition for annulment is denied, no further petition shall be brought more frequently than every 3 years thereafter. V. No petition shall be brought and no annulment granted in the case of any violent crime, of any crime of obstruction of justice, or of any offense for which the petitioner was sentenced to an extended term of imprisonment under RSA 651:6. VI. If a person has been convicted of more than one offense, no petition for annulment shall be brought and no annulment granted: (a) If annulment of any part of the record is barred under paragraph V; or (b) Until the time requirements under paragraphs III and IV for all offenses of record have been met. VI-a. A conviction for an offense committed under the laws of another state which would not be considered an offense under New Hampshire law, shall not count as a conviction for the purpose of obtaining an annulment under this section. VII. If, prior to disposition by the court of a petition for annulment, the petitioner is charged with an offense conviction for which would bar such annulment under paragraph V or VI(a) or would extend the time requirements under paragraphs III, IV and VI(b), the petition shall not be acted upon until the charge is disposed. VIII. Any petition for annulment which does not meet the requirements of paragraphs III-VI shall be dismissed without a hearing. IX. When a petition for annulment is timely brought, the court shall require the department of corrections to report to the court concerning any state or federal convictions, arrests or prosecutions of the petitioner and any other information which the court believes may aid in making a determination on the petition. The department shall charge the petitioner a fee of $100 to cover the cost of such investigation unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II. The d
Answered on Jun 06th, 2011 at 10:29 AM

Report Abuse
Criminal Defense Attorney serving Monticello, MN
1 Award
In Minnesota, an expungement probably won't help you. If you were convicted of the crime, you do not qualify for a statutory expungement, which would nearly erase the crime from your record. You can apply for an expungement under the Court's inherent equitable powers, which will only seal the Court's records. Such an expungement will not erase the executive branch's BCA records, which is where most people go to locate convictions.
Answered on Jun 06th, 2011 at 9:25 AM

Report Abuse
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, an applicant must only have one, single, count or charge, whether it's a misdemeanor or felony. If a person has more than one conviction on their record, whether it was multiple counts from the original case, or separate convictions, they are not eligible. 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 Jun 06th, 2011 at 9:23 AM

Report Abuse
Michael J. Breczinski
In Michigan you can get convictions expunged (With a few exceptions) if 5 fives have passed, you have no other convictions ever, and the judge (or his successor ) on you case approves it. You have to petition the court for this.
Answered on Jun 06th, 2011 at 9:08 AM

Report Abuse
Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
Update Your Profile
You can ask the court where the conviction occurred to enter an order of expungement. Such an order is not automatic but within the discretion of the court. Drug convictions often times are difficult to get expunged. There may be some other options but there are not enough facts to make any further assessment.
Answered on Jun 06th, 2011 at 9:07 AM

Report Abuse
Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
Update Your Profile
I have no ideal whether the expungement will help you get food stamps or not. I do know that if you only have one conviction on your record that is not a potential life felony or a criminal sexual conduct felony, you can get the conviction expunged provided it has been at least five years. Contact an attorney that does expungements or else you can do it yourself. Keep in mind there is a lot of paperwork involved.
Answered on Jun 03rd, 2011 at 12:34 PM

Report Abuse
Car Accidents Attorney serving Salem, OR at Howard W. Collins
Update Your Profile
No Class A or Class B felonies can be expunged in Oregon. Class C felonies and misdemeanor charges can be expunged, but are limited by statute. I need to know more in order to give you better advice. Thanks.
Answered on Jun 03rd, 2011 at 11:48 AM

Report Abuse
I don't know if the expungement will help you, but if the conviction is 12 years old you are certainly eligible, as long as you are not currently on any other probation, and have no pending criminal case(s). Contact a lawyer to file the petition for you and conduct the expungement hearing.
Answered on Jun 03rd, 2011 at 11:48 AM

Report Abuse
Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
Update Your Profile
If it is your only criminal conviction ever, you could be eligible for an expungement. They are tricky, but I am 100% successful in getting convictions set aside in my career.
Answered on Jun 03rd, 2011 at 10:25 AM

Report Abuse
Expungment and sealing of the record will remove the conviction data and you will have a clean record. If your charge was a Class B felony in Washington, ten years must have elapsed since the completion of any terms of your sentence, including community custody (probation), without any further involvement with the law. See http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/guideToCrimHistoryRecords for a guide to sealing and destroying court records, vacating convictions, and deleting criminal history records.
Answered on Jun 03rd, 2011 at 10:17 AM

Report Abuse
Criminal Defense Attorney serving Temecula, CA at Joseph A. Katz Attorney at Law PLC
Update Your Profile
Yes, it should help. You need a Motion to Dismiss (Penal Code section 1203.4).
Answered on Jun 03rd, 2011 at 10:04 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters