QUESTION

Can ID theft be taken off someones criminal record?

Asked on Apr 24th, 2011 on Criminal Law - Montana
More details to this question:
He sign a confession, but no monetary harm was done to anyone. He is trying to get work but the felony keeps showing on his record. What can be done so he is able to get gainfull employment.
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18 ANSWERS

Bank Fraud Attorney serving Greensboro, NC
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If he was convicted of felony ID theft, then no.
Answered on Jun 14th, 2011 at 9:05 AM

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Jacob P. Sartz
My first advice would be to obtain an attorney to assist that person with this matter. That person may be ultimately 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 May 23rd, 2011 at 1:03 PM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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He needs to make an application for relief from disability.
Answered on May 09th, 2011 at 4:02 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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As long as it has been five years since the conviction or release from prison and he has no other felonies or misdemeanors on his record, then he would be eligible for an expungement. Contact an attorney who does expungements for more details on the process.
Answered on Apr 28th, 2011 at 4:40 PM

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William C. Gosnell
Was he on diversion or project first offender? If so then yes it can expunged. If not then no.
Answered on Apr 27th, 2011 at 6:50 AM

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He needs and expungement. Believe it or not, those are rather complex depending on his criminal history and the status of his cases, and if it's a felony I would recommend working with an attorney to try and get that taken off his record. There are a few other things that can be done as well and a good attorney can go over the options with you.
Answered on Apr 27th, 2011 at 6:42 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Taken off? No. The general rule is: Records are forever. However, you can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many felony, misdemeanor and infraction convictions can sometimes 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. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answered on Apr 26th, 2011 at 10:39 AM

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Criminal Defense Attorney serving Birmingham, AL at Eversole Law, LLC
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Unfortunately, in Alabama, there is no expungement statute. Thus, your past will always be part of your "record." As part of the criminal defense bar in Alabama we have been trying unsuccessfully for years to establish such a statute in the legislature without success. It seems to come up again every year however, so there is hope. My suggestion would be to keep yourself informed and contact an Alabama lawyer for further guidance. I may be reached at 205-981-2450. You may also review my website for more information.
Answered on Apr 26th, 2011 at 9:25 AM

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Criminal Law Attorney serving Howell, MI at Law Offices of Jules N. Fiani
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It would be necessary to know specific information about the case such as how, when, and where it happened. Also it would be beneficial for me to know what has happened since then and how the case was followed up. I would recommend finding a well-qualified attorney in your state with great client reviews to help you with this.
Answered on Apr 26th, 2011 at 9:25 AM

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Criminal Law Attorney serving Lancaster, NH at Harden Law Office
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NH has an annulment statute that requires 5 yrs from end of all sentence for B felonies and 10 yrs for A felonies.
Answered on Apr 26th, 2011 at 9:00 AM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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In Michigan, if you have only this one conviction for any misdemeanor or felony, a Motion For Expungement could be filed in the Court where the conviction occurred. Should you need assistance, and are in the Detroit Metro Area (Wayne, Oakland, Macomb), then I can assist you. You may contact me to arrange a mutually convenient date and time. I look forward to hearing from you.
Answered on Apr 26th, 2011 at 8:59 AM

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Criminal Law Attorney serving Decatur, GA
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If the case is still open he should contact an attorney or public defender. They may be able to resolve the case with that end in mind. If he pled guilty under Georgia law there is little that can be done.
Answered on Apr 26th, 2011 at 8:56 AM

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Criminal Attorney serving Bellingham, WA at Andrew Subin Attorney at Law
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The conviction can be expunged, but this will not happen automatically. He has to go back ot court and file a motion to vacate the conviction. Please feel free to contact me with any additional questions.
Answered on Apr 26th, 2011 at 8:38 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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If it is the persons only offense ever, it can be moved to set aside after 5 years have passed. Click on the link to the left to contact me to discuss.
Answered on Apr 25th, 2011 at 12:29 PM

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Criminal Law Attorney serving Los Angeles, CA at The Law Offices of Lawrence Wolf
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We can expunge it. Give us a call.
Answered on Apr 25th, 2011 at 12:25 PM

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First, a 17b motion must be filed to reduce the felony to a misdemeanor. Then, if granted, a petition must be filed to expunge the misdemeanor. Time to get an attorney.
Answered on Apr 25th, 2011 at 12:18 PM

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Was it a felony which could be reduced to a misdemeanor? Otherwiseyou get Penal Code 1203.4 relief which is essentially worthless. He can truthfully say he has never been convicted of a felonybut now most jobs require to sign a waiver letting them get your rap sheet and then they will know the truth.
Answered on Apr 25th, 2011 at 11:47 AM

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In Montana there is no law that allows for the expungement of criminal records.
Answered on Apr 25th, 2011 at 11:41 AM

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