Can a felony theft be expunged from your record? 70 Answers as of July 03, 2013

Can a felony theft be expunged from your record?

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Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Yes. If you have successfully completed the term of your probation and have not committed any other crimes.
Answer Applies to: California
Replied: 11/9/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Expungement is not easy in NY. You should hire an attorney if you want to try.
Answer Applies to: New York
Replied: 11/8/2011
Law Offices of Kiran Nair
Law Offices of Kiran Nair | Kiran K. Nair
Yes. However, if you're on probation then probation must first be terminated and thereafter application filed to expunge felony. If your expunging for immigration purpose, it will not help your immigration case unless it is for a first time simple possession drug offense for marijuana or related drugs.
Answer Applies to: California
Replied: 11/7/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Yes, you must comply with the requirements of the statute.
Answer Applies to: Kansas
Replied: 11/7/2011
John W. Neidig, PC
John W. Neidig, PC | John W. Neidig
Most class "C" felonies can be expunged and any "B" felony that can be treated as a misdemeanor such as Delivery of Marijuana for Consideration can also be expunged. The exception is that sex crimes and crimes that constitute child abuse cannot be expunged.
Answer Applies to: Oregon
Replied: 11/7/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 6/2/2013
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    Yes. Felony theft can be expunged.
    Answer Applies to: Kansas
    Replied: 11/3/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If it is your only criminal conviction.
    Answer Applies to: Michigan
    Replied: 7/3/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no expungement law in the State of Alabama. There has been in the past an expungement bill pending in the Alabama legislature but it is yet to pass.
    Answer Applies to: Alabama
    Replied: 11/3/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I would need to know more about the facts of the case. If there was a weapon involved and/or it was against a person, as opposed to theft from a business or building, then you may have a difficult time, If not, then the answer is "yes"; however, at least 5 years must pass, commencing from the date you are released from any probationary obligations of the department of corrections, and since the conviction, you have had NO violations of the law is ANY state. Consult with an attorney to review the particular facts of your case.
    Answer Applies to: Washington
    Replied: 11/3/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It depends: Did you go to trial, were you acquitted or convicted. If you pled to the case, were you sent to prison, put on probation or given deferred adjudication? Expungement is available only if you were acquitted, the case was dismissed without conviction, or you were later pardoned. A non-disclosure order is available if you were put on deferred adjudication and completed the probation period and terms without being adjudicated/convicted and the case has been dismissed (there is a dismissal order, are responsible for ensuring the court signs one, while some courts do this automatically, many require you to present an order when you are eligible). After "Dismissal" there is a statutory waiting period, and then it can be non-disclosed (sealed) which is similar but different than expunged. Expunged means to destroy the documents, no one has them. Non-Disclosure means the police and investigating agencies keep the documents but cannot tell anyone about them (including insurance companies, public data, potential employers, etc. but the police/investigating agencies will know about this should you ever have other problems with the law.)
    Answer Applies to: Texas
    Replied: 11/3/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    It is possible but you would need to discuss the specific facts of your case with an attorney to get an opinion specific to your case.
    Answer Applies to: Minnesota
    Replied: 11/3/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    If it was a plea of guilty or a guilty verdict, no.
    Answer Applies to: Georgia
    Replied: 11/3/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If it is your only criminal offense ever, and is over 5 years since sentence, you would be eligible to move to set aside the conviction.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    Law Office of Nixon Ayemi | Nixon Ayeni
    Expungement is very technical and there are statute governing expungment, you need to talk to a lawyer to explain the 5 yrs statute and the type of expungment you may need.
    Answer Applies to: Minnesota
    Replied: 11/3/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Yes, you can file a petition in Minnesota to expunge a felony theft conviction from your record. The court has the “inherent authority" to grant the expungement petition. You will need to prove to the court at a hearing that the benefits of sealing your criminal record outweighs the detriment to society in not knowing about your criminal past. If you can meet this burden of proof, the court can use its inherent authority to grant the petition and seal the courthouse file. Since the case resulted in a conviction and was not resolved in your favor, the court does not have the authority to order the executive branch of government to seal their records. This means that the expungement order will have no effect on sealing the record of conviction maintained by the Minnesota Bureau of Criminal Apprehension, local police reports, or the files kept by the prosecuting authority. If your case had been resolved in your favor by an acquittal, for example, or by a continuance for dismissal, the court could exercise its statutory authority and seal all the records concerning the case, including records maintained by the BCA, the police department, and the prosecuting attorney.
    Answer Applies to: Minnesota
    Replied: 11/3/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If there is only one conviction on your record, after five years you could seek an expungement. Whether it is given or not is up to the discretion of the Court.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    Law Office of Barry Melton
    Law Office of Barry Melton | Barry Melton
    Maybe a felony theft can be "expunged," depending on the facts. The charge would first have to be reduced to a misdemeanor, which is generally a fact-dependent proposition. Relevant facts would include, but are not limited to, the amount of money (or value) involved, whether or not there was a grant of probation and (assuming probation was granted) performance on probation.
    Answer Applies to: California
    Replied: 11/3/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Yes, it can. If not a disqualified conviction, if you have only one conviction on your record and five years have passed, then you could apply for an expungement. It is done through a Motion, which is filed in the Court where you obtained the conviction. Prior to the hearing on the motion, you must request, and the court must receive, your criminal record. If you need assistance in Macomb, Oakland or Wayne Counties, you may contact my office for an appointment to meet and hire me to represent you in your expungement request. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes. For a Class C felony, five years after completion of all conditions of your sentence. For a Class B felony, it is 10 years. See: http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/guideToCrimHistoryRecords
    Answer Applies to: Washington
    Replied: 11/3/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    If the case was dismissed or your got a not guilty after a trial.
    Answer Applies to: Texas
    Replied: 11/3/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    A felony theft can be sealed and/or expunged only if you have not had a prior charge sealed and/or expunged. You also cannot have been convicted of the felony theft. If you were adjudicated guilty then you cannot request for a charge to be sealed and/or expunged.
    Answer Applies to: Florida
    Replied: 11/3/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    Yes, if the charges were dismissed or adjudication was withheld, and you meet all other eligibility requirements. No, if you were adjudicated guilty.
    Answer Applies to: Florida
    Replied: 11/3/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    It depends on whether you went to prison or not. If not, then yes. It can be reduced to a misdemeanor and dismissed pursuant to PC 1203.4.
    Answer Applies to: California
    Replied: 11/3/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, no felony conviction is expungeable, except in isolated drug and marijuana cases.
    Answer Applies to: Illinois
    Replied: 11/3/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Massachusetts does not expunge criminal records but it does permit sealing a record. Current Massachusetts law permits an automatic administrative sealing of a felony 15 years after the case is closed. As of May of 2012 the 15 years will be reduced to 10 years. If the case is not ripe for administrative sealing, a petition to seal may be filed with the court. With proper facts and documentation a judge can rule on your petition and seal your record.
    Answer Applies to: Massachusetts
    Replied: 11/3/2011
    Keyser Law Firm
    Keyser Law Firm | Christopher W. Keyser
    A felony offense can be expunged under certain circumstances. If the offense was resolved "in your favor," meaning you never entered a guilty plea or you were a juvenile certified as an adult, you likely qualify for a statutory expungement. In essence, this means you may petition the court to order your records sealed from all agencies; this includes not only the court but executive agencies such as the police department, the prosecutor's office, the Department of Human Services and the Bureau of Criminal Apprehension (BCA). If you did enter a guilty plea or were adjudicated guilty for the felony offense, you may seek an expungement through the court's "inherent authority." To succeed, you must show that the benefit of sealing the criminal record outweighs the public's interest and safety in keeping the record visible. If you successfully petition the court for the expungement, the court only has authority to seal its own court records. Thus executive agencies such as the BCA will still have access to your record and subsequently so will the general public.
    Answer Applies to: Minnesota
    Replied: 11/3/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Yes, if it was dismissed, not billed or your were found Not Guilty.
    Answer Applies to: Texas
    Replied: 11/3/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Unlike other states, New York does not have a law that allows expungement of criminal records except in rare drug treatment plea bargains. That is why it is always best to hire an experienced defense lawyer. I urge you to write your state and local politicians urging them to pass legislation authorizing expungement in New York as there are many people like yourself who could benefit from it.
    Answer Applies to: New York
    Replied: 11/3/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    No.
    Answer Applies to: Pennsylvania
    Replied: 6/2/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    If you mean completely erased, no. If you mean can you get a dismissal, yes, if you qualify. Remember, you still have to tell government employers and state licensing agencies about the conviction which will never be removed from your record.
    Answer Applies to: California
    Replied: 11/3/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes, many felonies can be expunged from your record by petitioning the Court.
    Answer Applies to: California
    Replied: 11/3/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    Unfortunately, felony convictions cannot be expunged in New York State. However, although you cannot expunge a misdemeanor in New York State, records about any case that was dismissed or that was otherwise terminated in your favor can be sealed. Records of convictions for most non-criminal offenses or violations can also be sealed. Misdemeanor or felony convictions cannot be sealed. But once you have been convicted of a felony in New York State, that will stay on your permanent criminal record if anybody wishes to search for it.
    Answer Applies to: New York
    Replied: 11/3/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    There is no expungement in the State of New York.
    Answer Applies to: New York
    Replied: 11/3/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Yes, if you successfully completed probation without any violations and you don't have any other open cases, you're probably eligible to file a 1203.4 petition. If granted, it will dismiss the case against you, but will not completely hide the fact that it happened. Call me for more details.
    Answer Applies to: California
    Replied: 11/3/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes If you meet all th other requirements of the expungment statute. 5years from the date of the expungment and no other conviction or if so only two misdemeanors that happened before your 21st birthday.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Yes, as long as you meet certain requirements under the expungement statute - consult an attorney who handles expungements.
    Answer Applies to: New Jersey
    Replied: 11/3/2011
    bark & karpf
    bark & karpf | peter bark
    New York and the Federal Courts have no provision for expungment.
    Answer Applies to: New York
    Replied: 11/3/2011
    Summers and Schneider
    Summers and Schneider | Kimberly A. Summers
    No, New York no longer expunges any criminal records.
    Answer Applies to: New York
    Replied: 11/3/2011
    Miel & Carr, PLC
    Miel & Carr, PLC | Keeley D Heath
    Yes, most felony theft offenses may be expunged from your record, if you meet the other criteria for expungment. If five years have passed since your conviction or release from prison and you have no other prior criminal convictions, or have only minor criminal convictions from under the age of 21 in certain circumstances, then you may be eligible to set aside the conviction.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    No. A felony theft cannot be expunged unless you were found not guilty or it was dismissed without probation or a finding of guilt.
    Answer Applies to: Texas
    Replied: 11/3/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If the convicted person can meet the prerequisites a theft conviction may be vacated and dismissed. While not technically expunged the vacated and dismissed conviction accomplishes the same thing.
    Answer Applies to: Washington
    Replied: 11/3/2011
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    Yes.
    Answer Applies to: California
    Replied: 6/2/2013
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    A drug felony may be expunged after 10 years. Otherwise, only felony prosecutions that resulted in acquittals or were resolved by deferred judgment may be expunged.
    Answer Applies to: Colorado
    Replied: 11/3/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The only adult criminal cases that can be sealed in Colorado are ones that are totally dismissed (like after a deferred sentence is successfully completed) and minor drug offenses after certain period s of time.
    Answer Applies to: Colorado
    Replied: 11/3/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You can get it expunged after the completion of probation with no new cases. Usually clerks have a form for this. Google "California Penal Code" and look at 1203.4
    Answer Applies to: California
    Replied: 11/3/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Felonies can be expunged as long as they do not have a potential life sentence or a felony CSC charge. You can not have any other charges of any kind (including misdemeanors and juvenile adjudications) on your record and it has to have been at least five years. Then you are eligible to apply. I would recommend seeking out an attorney that does expungements as opposed to doing it on your own.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Yes, but you must wait until ten years after serving the sentence imposed.
    Answer Applies to: New Jersey
    Replied: 11/3/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    Generally the answer is no. There are some exceptions, such as if you got 17 on a felony drug charge, which is very rare. Or if you are over 70. You should consult with a lawyer about the details of your case.
    Answer Applies to: Pennsylvania
    Replied: 11/3/2011
    Bruce Yerman, Attorney At Law
    Bruce Yerman, Attorney At Law | Bruce Yerman
    New York does not have expungement not for felonies and not for misdemeanors. Nothing can be expunged from your record.
    Answer Applies to: New York
    Replied: 11/3/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    In many cases, yes. However you would need to have been granted a probation (without any violations) as opposed to state prison or execution of prison suspended. You would have to meet certain criteria. But be aware that some felonies are, by statute, not eligible for an expungement. There may be other remedies, however. The best thing for you to do is contact an attorney regarding your particular case to see if you are eligible.
    Answer Applies to: California
    Replied: 11/3/2011
    Billam & Henderson, LLC
    Billam & Henderson, LLC | Courtney Taylor Henderson
    Felony theft is an offense that is eligible for expungement three years after the completion of the sentence (probation/prison/diversion) and the circumstances warrant expungement. A petition needs to be filed with the Court requesting expungement. A filing fee may also apply. An attorney can assist you with this and would be able to review your specific case to determine if you are eligible.
    Answer Applies to: Kansas
    Replied: 11/3/2011
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    Yes.
    Answer Applies to: Louisiana
    Replied: 6/2/2013
    Flood Lanctot Connor Stablein, PLLC
    Flood Lanctot Connor Stablein, PLLC | Paul J. Stablein
    Yes, provided it is the only crime of which you have been convicted and at least five years have elapsed since the date of your sentencing. The statute is MCL 780.621. In regard to prior convictions, the statute does have an exception: if your prior convictions are minor misdemeanors and were committed when you were under the age of 21, the court may still grant you an expungement. Otherwise, no.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    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, a person may expunge only one prior conviction and they can only have "no more than 2 minor offenses in addition to the offense for which the person files an application." MCL 780.621(1). 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.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    New York does not have an expungement statute. Once you have a conviction it is permanent and the only way to get it taken off your record is to make a 440.10 motion to vacate the conviction. Your lawyer must show the court that the conviction was illegal, improper, or that there is new evidence of innocence. This is because the Legislature wants perspective employers, schools, and organizations to know if someone is a drug dealer, rapist, burglar, thief, prostitute, or other felon before they hire them or admit them. They are liable for their employees and members and most corporations and landlords do not want felons because of the liability and potential problems.
    Answer Applies to: New York
    Replied: 11/3/2011
    Lawsmith, The Law Office of J. Scott Smith
    Lawsmith, The Law Office of J. Scott Smith | J. Scott Smith
    This response does not create an attorney/client relationship. If the felony theft was deferred and dismissed or you were found not guilty at trial, it can be expunged.
    Answer Applies to: North Carolina
    Replied: 11/3/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    Yes, but not all felonies. Go to the Utah courts website. They have a link to expunging your records that explains what can and can't be expunged.
    Answer Applies to: Utah
    Replied: 11/3/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    No. Exception is if it was not you and somebody used your name falsely in court.
    Answer Applies to: Virginia
    Replied: 11/3/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Yes.
    Answer Applies to: Washington
    Replied: 6/2/2013
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    No, not in NY State courts.
    Answer Applies to: New York
    Replied: 11/3/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Yes. A petition needs to be filed with the court where the case took place. Given the current case law and statutes, if the case was not dismissed or handled through a diversion program, you would have to make the request under the court's inherent authority, demonstrating rehabilitation, job opportunities lost, a time period of law-abiding behavior, and other positive factors, and the court would have to way the benefit to you in granting the expungement vs. the burden on the State in granting it. Additionally, even if granted, it is possible only court records, not executive branch records could be sealed.will not be valid.
    Answer Applies to: Minnesota
    Replied: 11/3/2011
    Law Offices of Raymond A. Cassar, PLC
    Law Offices of Raymond A. Cassar, PLC | Raymond Cassar
    A single felony theft can be expunged from your record. If you have additional convictions, then the question becomes more difficult to answer.
    Answer Applies to: Michigan
    Replied: 11/3/2011
    The Law Offices of Correen Ferrentino
    The Law Offices of Correen Ferrentino | Correen Ferrentino
    Yes, if you successfully completed probation. You may also be eligible to have the charge reduced to a misdemeanor at the same time.
    Answer Applies to: California
    Replied: 11/3/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    As long as you weren't sentenced to state prison, then yes, you can seek an 'expungement' (actually a dismissal under Penal Code section 1203.4).
    Answer Applies to: California
    Replied: 11/3/2011
    The Umansky Law Firm
    The Umansky Law Firm | William D. Umansky
    Yes a Felony can be expunged in Florida from your record if it was dropped and you have no other convictions.
    Answer Applies to: Florida
    Replied: 11/3/2011
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