Expungements Legal Questions

Whether you can have the case expunged depends on how it was resolved. If you were arrested, charged, plead guilty, and received a final felony conviction, you cannot do anything with it. It is there, forever.  If the case was dismissed outright or after successful completion of deferred probation, you may be eligible to have the records expunged or sealed, depending on your specific circumstances.  ... Read More

 PURSUANT TO THE FCTA (Fair Credit and Trade Act) you are entitled to obtain from the company the identity and other information regarding the background check.   You can then contact the company who provided the information and challenge the validity of the information. If it cannot be validated, it must be removed.   This has to be done by the"he" you are referring to.... Read More

If you were on probation for the offense it is unlikely you can get the arrest records and resolution of the case expunged. If you were placed on deferred probation and successfully completed it (which seems to be the case as you state you were released early from the requirements of the probation) you may be able to have the case sealed.  There are some additional eligibility issues that must be addressed before anyone can tell you whether you are eligible to have it sealed. If you are eligible, the petition must be filed, and the state is entitled to a hearing on the matter. My advice is that you hire an attorney to handle this for you, to give you the best shot of having the petition granted.... Read More

If that is your only felony conviction, and you have no more than two misdemeanor convictions, you should be eligible for an expungement. You request the expungement from your sentencing judge or that judge's successor. You can obviously hire a lawyer to guide you through this process, or there are forms on line where you can try the process yourself.... Read More

Because you were convicted of these offenses you will not be able to have them expunged or sealed (a petition for non-disclosure). If your attorney was bad or the case was bad (and your attorney failed to investigate it) or the plea itself was legally improper, you may be able to pursue a writ of habeas corpus. I handle these, so I will tell you that they are (a) expensive to pursue; and (b) difficult to win. Still, in many cases a writ is truly the only option available to you. Based on the information you have provided, I think that is probably your only option.... Read More

We do multiple expungements wvery week. The proper way to answer the question is to know the precise timeframes of what happened. For example, juvenile records are not public records for most employers. However, they are available to the police and military. They normally cannot be expunged. However, if your probation extended beyond your 18th birthday, there may be an adult record. Where are you finding these records ? Are employers accessing these records ? Please call to discuss. Ed Dimon 732-797-1600... Read More

First, I don't think an airsoft gun is considered a "firearm". Second, only a felony will preclude you from purchasing a firearm and discharging a firearm within city limits is usually a misdemeanor. Assuming your Second Amendment rights have been suspended, you would need a pardon to have your rights restored. Once that is done, you may expunge the record. Expunging the record alone will not restore any rights. All it will do is seal the record so it is not publically available. The following defines a "firearm" in South Carolina: SECTION 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.(A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, "weapon" means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death. Air, a spring, green gas or propane are probably not considered an "explosive".... Read More

Your criminal record can be sealed and then eventually expunged with a withhold of adjudication. To qualify for this in Florida you cannot have a prior adjudication of guilt as an adult, or have been previously adjudicated delinquent as a minor. If you have been adjudicated delinquent or guilty in a prior criminal case you are not eligible to clear your Florida criminal history.  In the case of a withhold of adjudication, to seek eventual expungement you must first have your criminal record sealed, all the necessary documents can be acquired through the Florida Department of Law Enforcement (FDLE). Once your charge(s) is sealed for 10 years you can then seek expungement of the charge(s).  In Florida you can only seek expunction once.  You are best served hiring an attorney to collect and complete all the necessary paperwork and make the proper motions to be heard in court.... Read More

It will be about $650, including costs. A finger print card will have to be done through the local police and a records check would be done by the FDLE. Then, upon receipt of the Certificate of Eligibility (issued by FDLE), I file a Petition with the court and if everything is in order, the court signs the expunction and it is forwarded to FDLE who purges the record.  There are limits as to which record can be expunged, but they won't apply to a petty theft charge. Call us if we can help.... Read More

This involves Chapter 45.051 of the Texas Code of Criminal Procedure.  There are many variables in terms of knowing what you pled to, what the judgment in your case states regarding the case you pled to.  There are court costs to be paid, the drafting of the petition for expunction, the filing of the petition and having the hearing on the petition for expunction.  Once the judge signs the order on the expunction, then various agencies have to be sent a copy of the order so they can remove the information from their system. I would encourage you to talk to a lawyer in the community where the class c case was filed against you. Typically attorneys will charge a fee for the preparation, presentment and hearing on the petition for expunction.  You will also have to pay for the filing fees. Consult with an attorney and if you have the judgment, make sure that you bring it to the meeting with the attorney whom you contact. Good Luck, patrick short    ... Read More