QUESTION
Can I have my felony drug conviction expunged?
Asked on Aug 27th, 2012 on Criminal Law - Mississippi
More details to this question:
I was convicted of felony drug possession 3 years ago and now I'm off probation. Can I get it expunged?
27 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No.
Answered on May 22nd, 2013 at 9:54 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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No.
Answered on May 22nd, 2013 at 9:43 PM
James Edward Smith
No.
Answered on May 22nd, 2013 at 6:05 AM
Criminal Defense Attorney serving Elizabeth, NJ
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Law Office of Vincent J. Sanzone, Jr., Esq.
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Yes, but it depends on many factors. Although the legislature in new jersey has allowed expungments after five years from the last day of probation, it is wise to wait the full 10 years because prosecutors will object and most judges will not grant the expungment until after 10 years from the last day of probation. In other words, if you had 3 years probation you must wait 13 years.
Answered on Jan 02nd, 2013 at 10:08 AM
Need to WAIT for five (5) years WITH no other convictions on your record.
Answered on Aug 29th, 2012 at 11:30 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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First you can have no other convictions second with a felony you have to complete your sentence and then wait another 10 years.
Answered on Aug 29th, 2012 at 10:07 PM
Michael J. Breczinski
If you have no other convictions for ANYTHING, after 5 years you can apply to the judge to have it expunged.
Answered on Aug 29th, 2012 at 12:41 PM
No, Missouri does not allow expungement of felony drug possession, no matter how old the conviction is.
Answered on Aug 29th, 2012 at 12:33 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. You should consult with a criminal defense attorney to discuss your situation further.
Answered on Aug 28th, 2012 at 9:16 PM
Barbara A. Fontaine
I do not know the expungement laws in your state, but in Rhode Island you usually have to wait 10 years after the completion of your sentence (including probation) before you can apply for expungement? You cannot have any other convictions.
Answered on Aug 28th, 2012 at 9:13 PM
A felony cannot be expunged. However, some felonies can be reduced, after completion of all the probation requirements, to a misdemeanor and that misdemeanor then expunged. Contact an attorney to find out if your situation falls into this group.
Answered on Aug 27th, 2012 at 9:23 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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As long as you weren't sentenced to prison (and a suspended sentence counts as a prison sentence) and successfully completed probation, you can apply to get it dismissed. California doesn't have a true expungement law like some states. We have a dismissal under Penal Code 1203.4 (everybody calls that an expungement). If granted, it won't wipe the case off your record, but it will allow you to tell most private employers that you have not been convicted of the crime. There are some exceptions. A local criminal defense attorney can explain your options and assist with the filing for a reasonable fee.
Answered on Aug 27th, 2012 at 8:19 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You would need to have the felony conviction reduced to a misdemeanor and then have the misdemeanor expunged. I suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Aug 27th, 2012 at 7:35 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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While the general rule is Records are forever, some CA 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 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 withdrawn and the charges dismissed. Expungement does NOT clear, 'remove', erase or disappear the conviction, but does change the record to show an arrest with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement does not restore firearm rights lost because of felony conviction or domestic violence restraining orders. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may legally deny that you were arrested or convicted of the offense.
Answered on Aug 27th, 2012 at 6:12 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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There is no expungement for any case in California.
Answered on Aug 27th, 2012 at 4:49 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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In California, if you successfully completed probation you can for sure. Even if you were not successful on probation but did not go to state prison you may be able to do so.
Answered on Aug 27th, 2012 at 3:54 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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No. Must wait five years. As well, your drug possession can be expunged based on the amount or conviction.
Answered on Aug 27th, 2012 at 2:31 PM
Leonard A. Kaanta
If the is your only conviction, you have to wait 3 more years.
Answered on Aug 27th, 2012 at 2:10 PM
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Not if it was a conviction. On your record forever.
Answered on Aug 27th, 2012 at 2:10 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You cannot get a conviction expunged.
Answered on Aug 27th, 2012 at 2:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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After 5 years if you have no other convictions.
Answered on Aug 27th, 2012 at 2:07 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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In New Jersey, after 5 years following completion of the sentence.
Answered on Aug 27th, 2012 at 2:07 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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After 5 years if it is your only criminal conviction ever.
Answered on Aug 27th, 2012 at 12:38 PM
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If it is possession only, you may be entitled to have it sealed from public view.
Answered on Aug 27th, 2012 at 12:37 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Depends upon the facts of the case. However, generally speaking, there must be at least 5 years passage of time commencing from the time you have completed probation, and during that time, you must have no criminal violations in any court in any state. Sounds like you just got released from probation, in which case, you need to wait 5 years.
Answered on Aug 27th, 2012 at 12:34 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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No. You may be eligible for a pardon.
Answered on Aug 27th, 2012 at 12:21 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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It is possible. You will need to contact an attorney.
Answered on Aug 27th, 2012 at 12:15 PM