Can I get a felony expungement for a concealed weapon charge? 47 Answers as of May 06, 2011

I need a felony expungment so I can get a real job. I was carrying a concealed weapon. No harm was done.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I would consult with counsel in my area. In Mobile, the odds are extremely low due to local history. Depending on your jurisdiction, odds could be better. You could attempt a pardon through the board of pardons and paroles, but their website states the odds are extremely low. Stay well.
Answer Applies to: Alabama
Replied: 5/6/2011
Kevin Smith, Attorney at Law
Kevin Smith, Attorney at Law | Kevin Smith
You should be eligible to apply for a provisional pardon, which is designed for employment purposes. However, you would be wise to consult with an attorney experienced in the pardon and expungement process, as the proper presentation of your application is critical to its success, particularly as it relates to gun charges.
Answer Applies to: Connecticut
Replied: 5/6/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
This type of charge is usually allowed to be expunged. Each State has their own laws concerning expungement, so you must consult the State statutes to see if you are eligible.
Answer Applies to: Kansas
Replied: 5/6/2011
The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
The key to whether or not you can get a charge expunged is whether or not the Court adjudicated you guilty of the offense. If the Court withheld adjudication then you can try to get the charge expunged. A current criminal background check will have to be done and there is a charge for that. Most people typically hire an attorney to get the expungement just to make sure everything is done correctly. If you are interested in pursuing this further, and your case was in the Tampa Bay area, please contact my office so that we can speak further.
Answer Applies to: Florida
Replied: 5/5/2011
Law Office of Michael Brodsky
Law Office of Michael Brodsky | Michael Brodsky
In the State of Washington, a person may "vacate" a felony after 5 or 10 years (depending on what level felony it is) have elapsed since fulfillment of legal and financial obligations including incarceration, probation, fines and fees. The person must also have had no new convictions or pending charges. Please note that this is not legal advice and does *not* create an attorney-client relationship. This post represents only the posters opinion. You should speak to an attorney for further information. The poster is licensed only in the State of Washington. For more information about our law firm and services, please visit our website.
Answer Applies to: Washington
Replied: 5/5/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Any conviction of a felony, no matter what it is, is not expungeable. in the State of Illinois. Your only recourse is to petition the Governor of the State to grant you a pardon, and that is highly unlikely.
    Answer Applies to: Illinois
    Replied: 5/5/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can get any felony expunged as long as it does not have a potential life sentence or it is not a criminal sexual conduct (CSC) crime. You can only have one conviction on your record including misdemeanors, and at least five years must have passed since either the date of your conviction or your release from jail or prison.
    Answer Applies to: Michigan
    Replied: 5/5/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon, where I practice, Carrying a Concealed Weapon is expungeable but it's also a misdemeanor. Apparently it's a bigger deal where you were convicted, so you would have to consult an attorney who is licensed in the jurisdiction you received the conviction in. If it did occur in Oregon you could apply to have it expunged three years after the conviction, assuming you haven't picked up any convictions ten years prior to this conviction or anything since you got this conviction.
    Answer Applies to: Oregon
    Replied: 5/5/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This depends upon the current disposition of your sentence. If you were placed on probation you will need to have completed all of the terms of your probation. It will also depend upon the statute under which you were convicted - certain convictions cannot be expunged while others essentially suspend themselves until you complete probation and can then have them expunged. If you are seeking assistance in Louisiana, we invite you to contact our firm to provide us with more information so that we may better answer your question.
    Answer Applies to: Louisiana
    Replied: 5/5/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no expungement law in the State of Alabama. There is an expungement bill pending in the Alabama legislature. Whether is will pass this year or not remains to be seen.
    Answer Applies to: Alabama
    Replied: 5/5/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Yes. If you were sentenced to probation, you should be able to expunge this conviction. Ultimately, more information is needed to determine the actual charge, the sentence, and how well you completed your probation. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 5/4/2011
    Bristol & Dubiel LLP
    Bristol & Dubiel LLP | Murray L. Bristol
    In order to get an expungement in Texas you must have had your case dismissed without probation, no billed, or found not guilty by a judge or jury.
    Answer Applies to: Texas
    Replied: 5/4/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In general, you can get an expungement 5 years after a conviction provided it is the only misdemeanor or felony on your record. There are some excluded offenses, however, without some research, I do not believe that CCW is an excluded offense. If interested in an expungement, paperwork is filed with the Court where the offense took place. If in Macomb, Oakland or Wayne Counties, you can hire me and I can assist you in this process. You may contact me to retain this office to represent you.
    Answer Applies to: Michigan
    Replied: 5/4/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Expungement cannot happen on a conviction in Nebraska. You may be eligible for a set-aside. I would be happy to speak with you regarding this please give me a call.
    Answer Applies to: Nebraska
    Replied: 5/4/2011
    The Boerst Law Office
    The Boerst Law Office | Bruce Boerst
    Here is some helpful info: In Ohio, expungement is the same as sealing a record. It is a court process that allows you to have any and all reference to a prior criminal conviction cleared and your court file sealed. It is as if you were never convicted of the crime. 2. Do the records just disappear? No. Once your record is expunged, nothing will show up when your record is checked. After expungement is finished, when asked about your past criminal record, you can honestly say that you have none. You can act as if the arrest and conviction never took place.

    However, even if your record is sealed: 1) law enforcement agencies, prosecutors, and other agencies can look at your sealed record; 2) if you commit another crime, your sealed record can still be used against you in sentencing; and 3) your sealed record may be used to show character or credibility in court >proceedings. In the case of juvenile records expunged under ORC 2151.358, records ordered to be sealed must be destroyed. There is an exception for records of expelled students maintained by school systems.

    3. What records may be expunged? All official records pertaining to the case may be ordered sealed and, except that an index of sealed records may be maintained, all index references to the case deleted and, in the case of bail forfeitures, the court may dismiss the charges in the case. ORC 2953.32. For juvenile records expunged under ORC 2151.358, the court shall order the appropriate persons and governmental agencies to delete all index references to the case; destroy or delete all court records of the case; destroy all copies of any pictures and fingerprints taken of the person pursuant to the expunged arrest; and destroy, erase, or delete any reference to the arrest that is maintained by the state or any political subdivision of the state, except a record of the arrest that is maintained for compiling statistical data and that does not contain any reference to the person. There is an exception for records of expelled students maintained by school systems.

    4. Who is eligible for an expungement? You are eligible if you meet all of the following six conditions: 1) The conviction you are trying to expunge is NOT for one of the crimes or categories of crimes listed. (Convictions of the crimes listed CANNOT be sealed.) If you dont know the crime for which you were convicted, contact the Clerk of the Courts. Remember your case was criminal, so be sure to go to the appropriate part of the Clerks office. Request a certified copy of the Judgment Order of Conviction(s). You will need to give the Clerk your case number. If you do not have the number, ask the Clerk to use the computer to look it up. For a small fee (one or two dollars), the Clerk will give you a copy. If the Judgment Order of Conviction mentions one of the crimes listed below, you cannot get your record sealed.

    >rape (ORC 2907.02) >>sexual battery (ORC 2907.03) >>corrupting a minor (ORC 2907.04) >>gross sexual imposition (ORC 2907.05) >>sexual imposition (ORC 2907.06) >>obscenity involving a minor (ORC 2907.321) >>pornography involving a minor (ORC 2907.322) >>illegal use of a minor in pornography (ORC 2907.323) >>all drivers license violations (ORC Chapter 4507) >>motor vehicle violations (ORC Chapter 4511) >>bail forfeitures in traffic cases (Traffic Rule 2) >>misdemeanors of first degree or felonies where victim is under the age of 18 >>felonies of the first or second degree >>offenses of violence that are misdemeanors of first degree or felonies >>(except the following offenses of violence can be expunged: convictions for riot >>(2917.03) and misdemeanor convictions for assault (2903.13), inciting to >>violence (2917.01), and inducing panic (2917.31)) 2) You were NOT subject to a mandatory prison term for the conviction you seek to expunge (in other words, you were eligible for probation for that conviction).

    Even if you were actually sentenced to prison time, as long as you were eligible for probation.

    3) This was your first and only conviction. You have never been convicted of the same crime or any other crime in this or any other state. UNLESS: a) You were convicted of two or more crimes based upon the same action. In that case, all of these convictions will be considered your first and all can be erased from your record. For example, if you were convicted of shoplifting and resisting arrest as a result of the shoplifting, you can get both records sealed. OR b) Your other convictions are for minor misdemeanors. Minor misdemeanors, including most traffic offenses, do not count as criminal convictions. These charges should not prevent you from having your record sealed. 4) You were convicted of a misdemeanor and more than one year has passed since your final discharge, or you were convicted of a felony and more than three years have passed since your final discharge. Final discharge means completion of jail time and/or probation. 5) You currently do not have any criminal or traffic proceedings pending against you. 6) You have not had any other case expunged. Persons seeking to expunge juvenile records are eligible include any person who has been arrested and charged with being a delinquent child, unruly child, or a juvenile traffic offender and who is found not guilty of the charges in the case or has the charges in the case dismissed, or if a person has been adjudicated an unruly child, that person has attained eighteen years of age, and the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child. ORC 2151.358. 5. How do I get records expunged?

    Even if all of these six statements are true for you, the Judge can still refuse to seal your record. You must convince the Judge that you have been rehabilitated and that it is fair to seal your record. Steps You Must Follow to Get Your Record Sealed 1) You need a copy of the final order of the conviction you wish to have sealed. Contact the Clerk of the Court in which you were convicted. Remember your case was criminal, so be sure to go to the appropriate part of the Clerks office. Request a certified copy of the Judgment Order of Conviction(s). You will need to give the Clerk your case number. If you do not have the number, ask the Clerk to use the computer to look it up. For a small fee (one or two dollars), the Clerk will give you a certified copy. Make sure it is certified (stamped with court seal). 2) Fill two forms, (a) Application for Sealing of a Criminal Record Pursuant to >ORC2953.32?; and (b) Judgment Entry for Sealing. >3) To apply to have your record sealed, you will have to pay $50 to the Court. >If you cannot pay the fee, fill out the Poverty Affidavit form. If you do not >complete this form, be prepared to pay the $50 fee. 4) After the forms are filled out, attach the Judgment Order of Conviction to the Application for Sealing of a Criminal Record. Make three copies of everything. Take the original and the three copies of the Application for >Sealing of a Criminal Record and the Poverty Affidavit or the $50 fee to the >Clerk of Courts in the Court where you were convicted. (Do NOT file the Judgment Entry bring this completed form with you to the hearing. If you are successful at the hearing, the Judge will sign it.) Tell the Clerk that you would like to file your documents. The Clerk will take all copies, stamp them, and give one copy back to you. KEEP THIS COPY! You will need it later. 5) The Court will set your case for a hearing. You will be notified by mail of >the date set for the hearing. Mark the date on your calendar. 6) Before the hearing date, prepare what you will say to the Judge.
    Answer Applies to: Ohio
    Replied: 5/4/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You can only seal a record in Colorado if it has been either (1) completely dismissed (like at the end of a deferred sentence); or if it (2) was a minor drug offense and there have been a certain number of years since the offense. It would appear you cannot seal this record from the information provided.
    Answer Applies to: Colorado
    Replied: 5/4/2011
    Eversole Law, LLC
    Eversole Law, LLC | Steven Eversole
    There is no Alabama expungement statute, so in this state, the answer is unfortunately no. Every year the Alabama Criminal Defense Bar tried to pass an expungement statute in the legislature. We have yet to be successful, but maybe next year. You can always review my Alabama Criminal Defense Blog and my website.If the law changes I will include that information on my blog.
    Answer Applies to: Alabama
    Replied: 5/4/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Yes you can. In Utah it matters how much time has passed.
    Answer Applies to: Utah
    Replied: 5/4/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Sorry, there is no expungement in NYS for anything. You may be able to get a Certificate of Relief from Civil Disabilities, but that still doesn't take away the felony conviction. Good luck.
    Answer Applies to: New York
    Replied: 5/4/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Check with an experienced criminal lawyer in your community concerning the viability of obtaining an expungement. Good luck!
    Answer Applies to: Georgia
    Replied: 5/3/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    If the ccw charge is your one and only conviction for anything then yes it can be expunged. If you have more than one conviction, misdemeanor or felony, then you cannot qualify for an expungement of any of them.
    Answer Applies to: Michigan
    Replied: 5/3/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    What is the status of the charge? Is it still pending or has it already been resolved? Generally speaking, expungement is only available for an offense in Georgia if the charge is dismissed by the prosecuting attorney. If you have plead guilty, nolo contendere, or been convicted at trial you are not eligible for expungement. But, there may be other remedies for you. If you are serious about wanting to protect your record, I urge you to consult with a criminal defense attorney in your area. Good luck.
    Answer Applies to: Georgia
    Replied: 5/3/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    There is no "expungement" statute in California, but assuming you did not get sentenced to state prison and you successfully completed all the terms of your probation, you can seek a dismissal under Penal Code 1203.4.
    Answer Applies to: California
    Replied: 5/3/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Yes you can Penal Code 1203.4.Have your previous lawyer (or Public Defender) do it for you. If you were on formal probation and are done, ask your P.O. to do it. You cannot get 1203.4 relief if you are still on probation or have picked up a new beef.
    Answer Applies to: California
    Replied: 5/3/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Absolutely, pursuant to Penal Code section 1203.4. Check with your local Public Defender's Office, the local Clerk's Office, or hire a reputable, knowledgeable, experienced Criminal Defense Attorney in your area to handle the matter.
    Answer Applies to: California
    Replied: 5/3/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    There is no expungement in Alabama.
    Answer Applies to: Alabama
    Replied: 5/3/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Unlike Tennessee and some other states New York does not have an expungement statute. You will have the record forever and it will always be on the police computer.
    Answer Applies to: New York
    Replied: 5/3/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    If you weren't sentenced to state prison, you're eligible for an expungement. You can get the felony reduced to a misdemeanor and the misdemeanor dismissed.
    Answer Applies to: California
    Replied: 5/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    First you need an attorney to file a 17b motion to reduce the conviction to a misdemeanor. Then, once that is granted, the attorney can proceed with a petition to expunge the misdemeanor.
    Answer Applies to: California
    Replied: 5/3/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    You can get such an offense expunged. However, more information about your case is needed in order to determine whether there are any disqualifying factors (ie, probation violations, etc.). If you would like a free case evaluation, please contact our office.
    Answer Applies to: California
    Replied: 5/3/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Probably, although that could be any of several different charges. You should talk to a lawyer. Expungements are not expensive or difficult. They are usually either cheap and easy or impossible.
    Answer Applies to: Oregon
    Replied: 5/3/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Expungements are only allowed by statute where there has been a determination in your favor. That means, ultimately, the charges must have been dismissed. If that occurred, you may erase any and all court or administrative records.

    There are also Judicial expungements. Such an expungement is entirely up to the Judge as to whether it should be granted.

    This is an important distinction since a Court cannot expunge anything but judicial records with a judicial expungement unless there is an overiding basis that requires the expungement in the interests of justice. The courts have ruled that seeking better employment or promotions would not be a basis to expunge adminstrative records.

    Administrative agencies generally are the places where background checks are performed. Criminal records are also maintained by Administrative Agencies such as the Bureau of Criminal Apprehension. This is an executive agency. As a result, the criminal records, if held by the BCA, would never be expunged in a Judicial expungment. Since you were convicted, a statutory expungement is not possible.
    Answer Applies to: Minnesota
    Replied: 5/3/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You may get charge annulled if enough time has passed, depends on what you were convicted of, and if it qualifies. See RSA 551 under annulments.
    Answer Applies to: New Hampshire
    Replied: 5/3/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    Expunging charges are very difficult in Ma. Depending on the circumstances you may be better of trying to seal your record. A lawyer will have to assess many factors.
    Answer Applies to: Massachusetts
    Replied: 5/3/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    New York does not have expungements for felony weapons convictions. You may be able to get a Certificate of Relief from Civil Disabilities which may help you in your job search.
    Answer Applies to: New York
    Replied: 5/3/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    The issue of carrying a concealed weapon, without any other charges or harm, is a question regarding the exercise of the Second Amendment right to keep and bear arms. The resultant damage to a person's career opportunities from such a conviction, and the necessity of an expungement, and its availability, are all interrelated. You should hire a private attorney who does not only criminal law but also second amendment law.
    Answer Applies to: Hawaii
    Replied: 5/3/2011
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    In Illinois certain class 4 felonies can be sealed from employers and the public, even with a conviction.
    Answer Applies to: Illinois
    Replied: 5/3/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    Depends on 3 things: 1. Outcome of case 2. Prior convictions? 3. Ever sealed or expunged a record before? But yes, you would be able to expunge the felony charge if you met the eligibility requirements. Feel free to fill out a free evaluation on my site.
    Answer Applies to: Florida
    Replied: 5/3/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Probably. Many felony, misdemeanor and infraction convictions can sometimes 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 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 you're serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 5/3/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    NY does not have expungement.
    Answer Applies to: New York
    Replied: 5/3/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    As long as it is your only criminal conviction ever, and is over 5 years old, it can be expunged if the judge agrees.
    Answer Applies to: Michigan
    Replied: 5/3/2011
    The Law Offices of Dustan Neyland
    The Law Offices of Dustan Neyland | Dustan Neyland
    In Texas, if you pled guilty to the offense, then it cannot be expunged. The only way to expunge a criminal record is if the case was dismissed or you were acquitted at trial. If you pled to a deferred adjudication and successfully completed it, then you may be eligible to have your record sealed.
    Answer Applies to: Texas
    Replied: 5/3/2011
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