QUESTION
Can I get a class D Felony from 11 years ago expunged? the charge is from IA.
Asked on Jan 11th, 2013 on Criminal Law - Iowa
More details to this question:
For the last 9 years I thought I had a deffered judgment on this felony. it is for possession of a controled substance. I have had background checks and have worked as a pharmacy tech. I am a certified Pharmacy Technician and work as a Medical Assistant at a pediatricians office. I passed all their background checks. I tried to purchase a gun and that is when i found out that in fact I did not get my deffered judgment but a felony. Now I would like to have the recorded expunged so I don't lose my job. This is no longer about owning a gun, but being able to keep a job I love and enjoy.
1 ANSWER
General Practice Attorney serving Ontonagon, MI
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Robert Peterson, Attorney at Law
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I would first check to ensure that the conviction was properly recorded in the State records. If you thought you had a deferred judgment and the deferred was not revoked for violation of probation, it is possible that the conviction was not properly coded. This does happen unfortunately. I would obtain a copy of your sentencing order. I would also review your case on iowacourts.gov to see if there was a subsequent revocation of the deferred. If you had a deferred and it was not revoked, contact the clerk of court of the county to correct the coding.
If you were in fact sentenced (as opposed to a deferred) then there is probably no way to expunge your record. Except for certain offenses, the only way in Iowa to expunge the record is through a deferrment.
However, you may be eligible for a pardon or granting of your citizenship rights back. To do this, you need to contact the governor's office. You can access the paperwork online by going to the governor's website.
Answered on Jan 19th, 2013 at 9:43 AM