Expungements Legal Questions

Depends on the final disposition of the case, if you pleaded or were found guilty to a felony you would need a pardon to get it expunged.  This a process that takes years but in cases like yours might have some success.  Otherwise you would need to crime free and in your seventies.  ... Read More

Under Tennessee law effective July 1, 2012, an individual can have certain prior criminal convictions removed from the public records. This removal process is called "expungement". The "expungement" process, subject to certain exceptions, is for either a low grade felony (where the punishment received was three (3) years or less) or misdemeanor convictions, it has been five (5) years since you were released from jail, parole or probation and you have not had any new convictions.... Read More

You certainly can try, but it is not recommended. There are certain things to consider when filing this request. If it is not done correctly you can use certain benefits. For the more, the only get the Billy to file one in a lifetime. Therefore, it is not done correctly you lose forever these rights for benefits. I would talk to an attorney immediately mediately... Read More

You can expunge one indictable offense. Do you have one conviction or three convictions ? We can research the number of convictions and determine if we can merge multiple convictions into one conviction based upon the 'crime spree' theory. Given the 25 year period, you may have a successful argument. Please call asap to discuss. There is no charge. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

Depending upon how long ago you completed your two years probation I believe you should be eligible for expungement. For an indictable offense the time frame is 10 years from the completion of the sentence (includes probation or parole or fines) and five for a disorderly persons however, if it is in the public interest then the time frame can be reduced from 5 years for the indictable offense if there have been no subsequent convictions and the court finds it in the interest of justice to permit the expungement; and 3 years for any disorderly persons offense. ... Read More

The most likely answer is no.  Felony charges are famously sticky on a persons record.  Given the amount of time since the convcition a pardon may be possible.  That is a long and arduous process that often takes a couple of years.  Absent a pardon there isnt much you can do to remove that charge from your record.  ... Read More

Based upon the facts you stated, you might be eligible for expungement assuming that the theft was not a grand larceny (which is $1,000 to $3,000 for fourth degree, $3,000 to $5,000, 3rd degree and up to first degree). You still may be eligible but it also depends upon whether you completed all your requirements because the dates to apply for expungement commence only after you have completed all the requirements. That means it doesn't commence from the date of conviction but only after you have finished serving a sentence or parole, or community services and you have paid any fines or restitution. For instance if you had to pay restitution for the theft or shoplifting charges, those fees have to have been paid. Then the three years or five years period begins.... Read More

We do three expungements per week. The statute sets the limits on expungements based on the precise convictions. The theft last month presents issues because this may cause the 10 year period to be imposed. Pleaswe get me the actual convictions and dates. Please also tell me what happened with the theft charge. I can then give you exact answers. Ed Dimon, Esq. 732-797-1600... Read More

You should be able to be expunged if everything was cleared up from your possession charge, i.e. probation, parole, payment of any fines, completion of community service. If case was disposed of, get disposition record from the court where it occurred and you can begin the process of filing for an expungement if, as you write, you had no other convictions. If it was a conditional discharge, then you would definitely be able to get expungement.... Read More

I am sorry to hear about your issue. You should first contact the attorney who assisted you with the expungement to investigatet the matter. You may also contact the court where you were convicited and request a copy of any order setting aside your conviction. It is not unusual for certain back ground checks to reveal a conviction. It does depend on the circumstances. Your attorney should be able to explain to you in more detail.  Best of Luck... Read More

As a general rule, the only ones who can get a death certificate are family members. So if a family member gets the death certificate and wants to post it online, then that is something that they can do. If it is a non-family member, the problem is going to be getting a copy of the death certificate but if they get it, there is nothing that stops them from posting it on Facebook. You would need to contact the Tennessee Office of Vital Records about making sure that non-family members do not get it.... Read More

Based upon the information you provided you may need to follow up with the court and get a copy of your file. You will need to find out what the court order specifically says regarding your understanding that the charge will be reduced. If you determine the court paperwork says your charge should have been reduced, you may attempt to contact the prosecutor for an explaination.  In any event you may need to file a motion with the court to request an court order reducing the charges. Best of luck.... Read More