Can I get my teaching certificate back if I get a felony expungment? 36 Answers as of June 11, 2013

If you plead to a felony and received probation and have fulfilled your probation and in the process have lost a teaching certificate, due to a felony, can you get your teaching license back after expungment?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Expungement in Ny is difficult. You may be able to get a Certificate of Relief from civil Disabilities which may enable you to gert your teaching certificate back. You should hire an attorney.
Answer Applies to: New York
Replied: 10/20/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Not necessarily. It is not a matter of the criminal process. You would have to apply to the licensing agency. An expungement does help however and would be considered by that Board.
Answer Applies to: California
Replied: 9/9/2011
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
You cannot get your case expunged because you pled guilty. To be eligible for an expunction, the case must have been dismissed or you found not guilty at a trial. If you successfully completed a deferred adjudication probation more than 5 years ago, you may be eligible fto seal your record. However, the licensing agency for teachers (and all other licensing agencies and law enforcement) will still be able to see the record.
Answer Applies to: Texas
Replied: 9/9/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
There is no expungement in the State of Alabama. There has been a bill pending in the Alabama legislature but it yet to pass. You may get your civil rights reinstated and receive a pardon. This process is started at the State office of pardons & parole. In the event an expungement bill passes in the State of Alabama it will likely only apply to persons who have had their rights reinstated so you should go ahead and start this process.
Answer Applies to: Alabama
Replied: 9/9/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
For starters, that's not a criminal law question. It is a question for the state education board. Secondly, what you would be looking to do is have your felony vacated and dismissed. Some kinds of crimes can't be vacated. So if you are pleading guilty to a sex offense, kidnapping, murder, or any other Serious Violent Felony, your plea would not be vacated.
Answer Applies to: Washington
Replied: 9/8/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    I would think so, but that's a matter to take up with the Teacher Certification people with the state board of education.
    Answer Applies to: Louisiana
    Replied: 9/8/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Depends upon what the felony conviction was for. Not all felony convictions are eligible to be expunged.
    Answer Applies to: Washington
    Replied: 9/8/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The expungement should seal the record of your conviction, however I do not have knowledge of the policy regarding qualifications for a teaching certificate.
    Answer Applies to: Kansas
    Replied: 9/8/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Need to ask whomever certifies teachers. Ask the licensing board.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Your question is best addressed to the licensing authority for teachers. Expungement is the best you can do (save for possibly vacating a plea and then getting a dismissal - an unlikely path) How this is treated rests with the department that issues teacher licenses.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    There is no expungement in NY only a relief from disability which we can do for you.
    Answer Applies to: New York
    Replied: 9/8/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    If you plead to a felony it will only be eligible for a Petition for Non-Disclosure 5 years or 10 years after the date of dismissal if you entered into deferred adjudication probation. Whether you get your certificate back or not is up to the Texas Board of Education and you would need to read their rules. Regular probation is a conviction and on your record for life.
    Answer Applies to: Texas
    Replied: 9/8/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    I don't believe that you can get a teaching certificate with a felony on your record. However, the purpose of an expungement is to clear your public record so your past doesn't come back to haunt you. If it's been expunged, I would try applying for a teaching certificate again since it shouldn't be showing up on your record anymore.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    Depends on current Texas regulations - possible but not probable.
    Answer Applies to: Texas
    Replied: 9/8/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    That would depend on the employer.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Alabama does not have an expungment statute.
    Answer Applies to: Alabama
    Replied: 9/8/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    New York does not have an expungement statute. If your teaching position is not open to a person with a felony conviction you will have to find another career. You can start your own small business or home business, start an internet business, or take a job that is available to people with a felony on their record.
    Answer Applies to: New York
    Replied: 9/8/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If the felony is expunged it is like it did not happen. However, the practical problem is the people in charge of the certification still know about it. Therefore, it may be difficult but not impossible to obtain the certification back.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    You won't qualify for expungement if you were convicted.
    Answer Applies to: Georgia
    Replied: 9/8/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    An expungement does not erase the arrest or conviction. One also has to tell a licensing agency about the conviction. Whether you get the certificate back cannot be predicted. Hire an attorney experienced in handling licensing cases. Sent from my HTC on the Now Network from Sprint!
    Answer Applies to: California
    Replied: 9/8/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Private employers do not have access to the records that you were convicted of a crime after your expungement. However, government agencies do have that access. You will need to petition the state for your certificate. A good attorney will help.
    Answer Applies to: California
    Replied: 9/8/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    You should check the rules out directly with the Board that certifies teachers. In all likelihood, you will have to file a written petition for reinstatement.
    Answer Applies to: Colorado
    Replied: 9/8/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    What in the world makes you think that you are going to have anything expunged? It is practically impossible to obtain an expungement in Missouri on most cases, and it is highly unlikely that you will receive one. Sill, I have represented a teacher who was in danger of losing her certificate because she pled guilty to a felony, and I was able to save her "license" and her ability to teach. I may be able to offer my services to you for a modest price. Please feel free to contact me if you do not already have an attorney.
    Answer Applies to: Missouri
    Replied: 9/8/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    The answer to this question depends from jurisdiction to jurisdiction. In California having a felony reduced to a misdemeanor and then dismissed pursuant to Penal Code Section 1203.4 does not relieve a person of the responsibility to report the conviction to a government agency. You must still report the conviction however you can include the date it was dismissed. For example a conviction for commercial burglary would look like this: 2001 PC 459/460(b) dismissed 2011 With that being said I cannot say with certainty whether or not the licensing organization will grant another credential. I wish you the best of luck.
    Answer Applies to: California
    Replied: 9/8/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    It depends. If you lost it because of the felony, then if you get it reduced to a misdemeanor after probation pursuant to PC 17(b) you may be able to get your certificate back. The expungement itself won't help with licenses.
    Answer Applies to: California
    Replied: 9/8/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    It depends, but if you are eligible to have the record sealed, it's your best shot. It is discretionary, but in my experience in both the nursing and teaching professions, a sealed record is typically not a hindrance for certification.
    Answer Applies to: Florida
    Replied: 9/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Unfortunately, under current law in Minnesota, a statutory expungement is not available for any offense where there has been an adjudication of guilt. That means if you were found guilty by plea or after trial, you would not be able to expunge all of the records used for background searches.
    Answer Applies to: Minnesota
    Replied: 9/8/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes, after expungement, the licensing authority will not be able to see the felony on your criminal history.
    Answer Applies to: Washington
    Replied: 9/8/2011
    Ramsell & Associates LLC
    Ramsell & Associates LLC | Donald Ramsell
    There are specialized procedures for reinstating a teaching certificate. Expungement does not automatically reinstate a certificate.
    Answer Applies to: Illinois
    Replied: 9/8/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Check with the Department of Registration and Education in the state where you live for that kind of information. One word of caution: if this happened here in Illinois, you will not be able to expunge a felony conviction unless it was a first time special probation for cannibis or a controlled substance. If the case was dismissed or dropped, you may also get the arrest expunged, but for any other type of sentence on a felony, you are out of luck.
    Answer Applies to: Illinois
    Replied: 9/8/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    This question requires fact specific determinations. You really need to hire a good lawyer.
    Answer Applies to: Colorado
    Replied: 9/8/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Once an expungement is granted, all records are sealed and are non-public, and can only be viewed by law enforcement, with a court order. However due to public records still existing on the internet or through other companies, the records could still be accessible. And the organization granting the teaching certificate can determine for itself if it has knowledge of the offense whether to grant the certificate or continue to prohibit it.
    Answer Applies to: Minnesota
    Replied: 9/8/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    First, there Is no such thing as expungement in the State of New York. Can you get your license back anyway? I really don't know. Why don't you call the Regent's office and ask them?
    Answer Applies to: New York
    Replied: 6/11/2013
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