QUESTION

How can I get my felony expunged?

Asked on Jun 24th, 2011 on Criminal Law - California
More details to this question:
I'm trying to find out how I can get my felony expunged.
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26 ANSWERS

Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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If its a NY State conviction, you can't.
Answered on Jul 11th, 2013 at 2:18 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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It is a multi step process that should be handled by an attorney.
Answered on Jul 11th, 2013 at 2:18 AM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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The start of the process includes petitioning the court that the conviction was in. I can assist you in further detail, but would like to find out more about your case to determine if your conviction is eligible for expungement (not all felonies are). Particularly, what was the conviction for and did you get sentenced to state prison?
Answered on Jul 11th, 2013 at 2:13 AM

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Business Attorney serving Denver, CO
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If you want to do this yourself, you can try the Colorado State Judicial Home page and search "forms" for "Petition to Seal."
Answered on Jul 05th, 2011 at 11:20 AM

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Felonies may be expunged after a period of time - 5 years for a class C felony and 10 years for a class B felony. The time runs from the completion of any sentence and community custody.
Answered on Jul 05th, 2011 at 11:14 AM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry In Michigan, you can get an expungement for a non-excluded offense if you have only one offense of any kind on your record, and it has been 5 years from the date of sentence. A Motion must be filed int he court where the conviction took place, and if you meet other procedural requirements, then the offense can be expunged. It is best to hire an attorney to assist you in this.
Answered on Jul 05th, 2011 at 11:00 AM

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Personal Injury Attorney serving New Orleans, LA at Bloom Legal LLC
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You can hire an attorney in your local jurisdiction who will be able to file expungement motions for you. Expungements can be complicated legal proceedings and should generally be handled by attorneys with experience in such matters.
Answered on Jul 01st, 2011 at 4:30 PM

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Criminal Law Attorney serving Lancaster, NH at Harden Law Office
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Go to this link for form: http://www.courts.state.nh.us/forms/nhjb-2317-ds.pdf The controlling statute is: 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 department of safety shall charge the successful petitioner a fee of $100 for researching and correcting the criminal
Answered on Jul 01st, 2011 at 11:15 AM

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Michael J. Breczinski
Is it your only conviction(felony or misdemeanor) ? if yes then continue otherwise you are not eligible. Has 5 years gone by since sentenced or since you got out of jail whichever is longer. if yes then continue if not wait. Is it for a life offense or one involving vehicles if yes you are not eligible if no then you can file a petition. You will need to file a petition in the court that handled the matter send a copy ofthe petition to the Attorney General and the County prosecutor. Also you have to get your fingerprints taken and send them with another copy of the petition to the Michigan State Police. then a hearing has to be set down the road and the judge gets to decide if you should get the conviction erased. He does not have to do it. It is in the judge's discretion whether he expunges your conviction or not. Get an attorney.
Answered on Jul 01st, 2011 at 10:35 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. 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 [PC 286(c), PC288, PC288a(c), PC288.5, PC289(j), PC261.5(d)], 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 Jul 01st, 2011 at 9:05 AM

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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 Jul 01st, 2011 at 9:00 AM

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Family Law Attorney serving El Cajon, CA at Law Offices of Sheryl S. Graf
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The basic rule is that if you have successfully completed probation, you may obtain a dismissal of the case under California Penal Code section 1203.4, commonly known as an expungement. Some types of convictions are excluded and may not be expunged. If you qualify, relief is mandatory - meaning once you have completed probation and fulfilled its conditions, your request for expungement must be granted. As each courthouse has its own procedures and forms, you may want to seek the assistance of an attorney to assist you.
Answered on Jul 01st, 2011 at 9:00 AM

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You need an attorney to first file a 17b motion to reduce the felony to a misdemeanor. If granted, then the attorney can proceed to petition the court to expunge the misdemeanor.
Answered on Jun 30th, 2011 at 12:06 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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You can retain an attorney who does expungements. It will usually cost anywhere from $1,000 to $2,000 depending on the firm. You can do it yourself and pay a few hundred dollars out-of-pocket expenses. It is a lot of paperwork and you need to obtain copies of your record, your conviction, fingerprinted at the local sheriff's department, etc. Make sure you are eligible first before proceeding.
Answered on Jun 30th, 2011 at 12:05 PM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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If it is more than 5 years since the conviction, and there is only one conviction, and it otherwise meets the statutory requirements, you can file a motion with the Court were the conviction was asking for an expungement. The statute and court rules must be strictly complied with. It is then up to the discretion of the Court whether to grant or deny the motion.
Answered on Jun 30th, 2011 at 11:54 AM

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Criminal Law Attorney serving Los Angeles, CA
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The fastest and most effective way is to have a qualified lawyer file a 1203.4 motion and to schedule a court date for your motion to be heard. Alternatively, a petition can be filed on your behalf which typically takes much longer.
Answered on Jun 30th, 2011 at 11:48 AM

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William Guy Pontrello
In Florida you must meet the requirements of that specific statute for sealing your record. expungement comes only after 10 years of sealing or extraordinary circumstances. consult a lawyer its worth it.
Answered on Jun 30th, 2011 at 11:40 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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There is no such thing as expunging in the State of New York.
Answered on Jun 30th, 2011 at 11:35 AM

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Steven D. Dunnings
You have to wait 5 years from the date of conviction and have no other criminal convictions.
Answered on Jun 30th, 2011 at 11:35 AM

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Steven C. Bullock
In Michigan there is a statute that outlines the procedure to have a felony expunged. I would always suggest you hire an attorney to help you with the process.
Answered on Jun 30th, 2011 at 11:18 AM

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Criminal Attorney serving Bellingham, WA at Andrew Subin Attorney at Law
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If you have been crime free for the minimum number of years, most felonies can be expunged and/or vacated.
Answered on Jun 30th, 2011 at 11:06 AM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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You can read about this at my web site. Basically you cannot get your felony "expunged" in Mass, but you may be able to have your record sealed. If you would like to discuss this further, there is no fee for the telephone consultation.
Answered on Jun 30th, 2011 at 10:49 AM

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That depends on the.facts of the case. If.the facts are right it can be expunged.
Answered on Jun 30th, 2011 at 10:29 AM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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You can retain our office to make an application for relief from disability. The retainer fee will be at least $5,000.00. Give us a call toll free for a no cost phone consultation to discuss.
Answered on Jun 30th, 2011 at 10:29 AM

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Yes. Contact the probation department, or the facilitator, or hire a lawyer.
Answered on Jun 30th, 2011 at 10:24 AM

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Criminal Defense Attorney serving Roseville, CA at Chastaine | Jones
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You can only get an expungement of you were granted probation. There are certain offenses that can not be expunged. It is best to talk to a knowledgeable attorney regarding your eligibility and the process. We would be happy to help. Normally, if you are eligible we can do it for $1000 + filing fee.
Answered on Jun 30th, 2011 at 10:01 AM

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