QUESTION
How can she prevent a felony for appearing every time a background check is performed?
Asked on Feb 05th, 2013 on Criminal Law - Michigan
More details to this question:
My daughter was arrested on 3/9/87 for stealing-Class C felony, SIS with 5-year probation and paid restitution. This was a first offense.
8 ANSWERS
John J. Carney
Some states like New York do not have an expungment statute. Once you have a criminal record it will remain forever and never be removed. You can make a motion to vacate the conviction under CPL 440.10 if it was illegal, improper, or if there is new evidence of innocence, but that is rarely granted without proper grounds.
Answered on Feb 18th, 2013 at 7:30 PM
Bankruptcy Attorney serving Federal Way, WA
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Only way to do it is to file a motion with the court to try and have the conviction expunged. This is not necessarily an easy task. The continued consequences of poor decision making.
Answered on Feb 07th, 2013 at 1:58 PM
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If it is a conviction, then it likely will always be on her record if it was a deferred sentence and she completed successfully, then she can petition to have it sealed from public view she could attempt to get a pardon by the governor, but that is tough each state has different rules on sealing and expungement - but in Colorado, most convictions cannot be sealed.
Answered on Feb 07th, 2013 at 1:58 PM
If the final disposition of your daughter's case was for a felony, then she will always have that on her criminal background for any background checks. New York State does not permit expungement of criminal convictions, so unless or until New York State changes the law, then her felony conviction will always appear on background checks.
Answered on Feb 07th, 2013 at 1:57 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Michael J. Breczinski
She will have to consult a lawyer in the State where this happened about getting the mater expunged.
Answered on Feb 07th, 2013 at 1:57 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If that was her first and only offense, she can apply to have the conviction set aside or expunged. Consult with an attorney that does expungements for more information.
Answered on Feb 07th, 2013 at 1:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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She will have to hire an attorney to have the conviction set aside or expunged, and it should like she should qualify for that relief.
Answered on Feb 07th, 2013 at 1:56 PM
If she had an Suspended Imposition of Sentence and she successfully completed her probation without any violations, then no conviction would appear on a background check. If she violated probation, then a conviction for stealing would have been entered on her criminal record. Convictions for stealing can not be removed from a criminal record.
Answered on Feb 07th, 2013 at 1:56 PM