Can ID theft be taken off someones criminal record? 42 Answers as of July 12, 2013

He sign a confession, but no monetary harm was done to anyone. He is trying to get work but the felony keeps showing on his record. What can be done so he is able to get gainfull employment.

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Clifford Clendenin & O'Hale, LLP
Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
If he was convicted of felony ID theft, then no.
Answer Applies to: North Carolina
Replied: 6/14/2011
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 that person with this matter. That person may be ultimately 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, an applicant must only have one, single, count or charge, whether it's a misdemeanor or felony. If a person has more than one conviction on their record, whether it was multiple counts from the original case, or separate convictions, they are not eligible. 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. Most attorneys offer a free initial consultation.
Answer Applies to: Michigan
Replied: 5/23/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
He needs to make an application for relief from disability.
Answer Applies to: New York
Replied: 5/9/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
As long as it has been five years since the conviction or release from prison and he has no other felonies or misdemeanors on his record, then he would be eligible for an expungement. Contact an attorney who does expungements for more details on the process.
Answer Applies to: Michigan
Replied: 4/28/2011
Lisa Mulligan Law Offices, LLC
Lisa Mulligan Law Offices, LLC | Lisa Mulligan
Yes, I can imagine having that kind of conviction would be hard on someone trying to find a job. Depending on the exact crime that is on his record, he (or an attorney on his behalf) can ask the Court to vacate the conviction either 5 or 10 years after everything is done on the case. Good luck!
Answer Applies to: Washington
Replied: 4/27/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    The charge may be eligible to be expunged. An expungement seals a person's record which has the effect of essentially taking the old conviction off the person's background. In Oregon, where I practice ID Theft is a charge that can be expunged. The convicted person has to wait a minimum of three years before they can apply for the expunction. There is a process set out by Oregon law and ultimately the court has the power to seal the arrest and conviction if the person qualifies.
    Answer Applies to: Oregon
    Replied: 4/27/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You could try in your jurisdiction, otherwise you could try through the Board of Pardons and Paroles, but they have low statistical odds of success on their own website. Stay well.
    Answer Applies to: Alabama
    Replied: 4/26/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Was he on diversion or project first offender? If so then yes it can expunged. If not then no.
    Answer Applies to: Tennessee
    Replied: 4/27/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    From what you write, this fellow was convicted of the crime for which he was charged. If any sentence other than supervision was given to him, he cannot get this expunged from his record. If he was given supervision, he can get it expunged, but must wait 2-5 years after the successful termination of the supervision. You can try to get the conviction sealed where it is only preserved and seen by law enforcement officials, but you need to see the Clerk of the Circuit Court in the county where the case was handled for further information on exactly what to do. If this was a felony conviction, the guy's only remedy is a pardon from the Governor.
    Answer Applies to: Illinois
    Replied: 4/27/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    All convictions, in Alabama, are subject to a permanent record that is maintained. There is an expungement bill pending in the Alabama Legislature. If passed, there may be some assistance in the future.
    Answer Applies to: Alabama
    Replied: 4/27/2011
    Sharifi & Baron
    Sharifi & Baron | S. Yossof Sharifi
    He needs and expungement. Believe it or not, those are rather complex depending on his criminal history and the status of his cases, and if it's a felony I would recommend working with an attorney to try and get that taken off his record. There are a few other things that can be done as well and a good attorney can go over the options with you.
    Answer Applies to: Utah
    Replied: 4/27/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A felony of this nature can be expunged in Kansas as long as the conviction and defendant's history complies with the statutory requirements.
    Answer Applies to: Kansas
    Replied: 4/26/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    ID Theft is usually a conviction that is eligible for expunction. You cannot file for expunction until three years have lapsed from the date of conviction and all terms of probation must have been completed successfully. Additionally, you must be conviction free for a period of ten years from the date you file the motion for expunction.
    Answer Applies to: Oregon
    Replied: 4/26/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Taken off? No.

    The general rule is: Records are forever. However, you can consider getting the conviction expunged; it would help in obtaining and keeping employment. 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 it was not for certain listed Sexual and Domestic Violence crimes, 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 youre 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: 4/26/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes it can under the right circumstances. Please give me a call and I'll explain.
    Answer Applies to: Washington
    Replied: 4/26/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If he has already entered a plea to the offense, there is very little that can be done. A conviction would preclude a Statutory exungement which would remove it from judicial and administrative records.
    Answer Applies to: Minnesota
    Replied: 4/26/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    He needs to have the felony reduced to a misdemeanor and expunged. This should be possible if he has successfully completed probation.
    Answer Applies to: California
    Replied: 4/26/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would recommend that you contact a criminal attorney in your community to discuss whether an expungement might help you. Good luck!
    Answer Applies to: Georgia
    Replied: 4/26/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    If the record of the felony conviction is in Virginia, it cannot be expunged absent very unusual circumstances , i.e., the defendant can prove that he was wrongfully convicted and has received a pardon from the governor. Va Code Sec. 19.2-392.2 et seq.
    Answer Applies to: Virginia
    Replied: 4/26/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    The conviction can be expunged, but this will not happen automatically. He has to go back ot court and file a motion to vacate the conviction. Please feel free to contact me with any additional questions.
    Answer Applies to: Washington
    Replied: 4/26/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    Depending upon all the facts and circumstances and his prior record, if any, he may be able to make an application to get the conviction expunged. He should hire an attorney.
    Answer Applies to: New York
    Replied: 4/26/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    It would be necessary to know specific information about the case such as how, when, and where it happened. Also it would be beneficial for me to know what has happened since then and how the case was followed up. I would recommend finding a well-qualified attorney in your state with great client reviews to help you with this.
    Answer Applies to: Michigan
    Replied: 4/26/2011
    Eversole Law, LLC
    Eversole Law, LLC | Steven Eversole
    Unfortunately, in Alabama, there is no expungement statute. Thus, your past will always be part of your "record." As part of the criminal defense bar in Alabama we have been trying unsuccessfully for years to establish such a statute in the legislature without success. It seems to come up again every year however, so there is hope. My suggestion would be to keep yourself informed and contact an Alabama lawyer for further guidance. I may be reached at 205-981-2450. You may also review my website for more information.
    Answer Applies to: Alabama
    Replied: 4/26/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    It depends. Is this in the State of Florida? Also, what was the outcome of the case? Was he adjudicated guilty or was adjudication withheld?
    Answer Applies to: Florida
    Replied: 7/12/2013
    Andrew R. Lynch, P.C.
    Andrew R. Lynch, P.C. | Andrew R. Lynch
    If the case is still open he should contact an attorney or public defender. They may be able to resolve the case with that end in mind. If he pled guilty under Georgia law there is little that can be done.
    Answer Applies to: Georgia
    Replied: 4/26/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    Yes, if it is your only conviction and it has been more than three years.
    Answer Applies to: Ohio
    Replied: 4/26/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In Michigan, if you have only this one conviction for any misdemeanor or felony, a Motion For Expungement could be filed in the Court where the conviction occurred. Should you need assistance, and are in the Detroit Metro Area (Wayne, Oakland, Macomb), then I can assist you. You may contact me to arrange a mutually convenient date and time. I look forward to hearing from you.
    Answer Applies to: Michigan
    Replied: 4/26/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    NH has an annulment statute that requires 5 yrs from end of all sentence for B felonies and 10 yrs for A felonies.
    Answer Applies to: New Hampshire
    Replied: 4/26/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    In Montana there is no law that allows for the expungement of criminal records.
    Answer Applies to: Montana
    Replied: 4/25/2011
    The Law Offices of Dustan Neyland
    The Law Offices of Dustan Neyland | Dustan Neyland
    The only ways to remove a charge for ID theft from a person's record is by expungment or by filing a petition for non-disclosure. A person is eligible for an expungment if the case was dismissed and 5 years have passed since the date the person was charged or immediately if the person was found not guilty. If the person completed a deferred adjudication, then they may be eligible to have the case sealed through a petition for non-disclosure 5 years after the date the deferred was completed.
    Answer Applies to: Texas
    Replied: 4/25/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Was it a felony which could be reduced to a misdemeanor? Otherwiseyou get Penal Code 1203.4 relief which is essentially worthless. He can truthfully say he has never been convicted of a felonybut now most jobs require to sign a waiver letting them get your rap sheet and then they will know the truth.
    Answer Applies to: California
    Replied: 4/25/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    A criminal record in New York lasts forever. You can get a Certificate of Relief f Disability which may allow you to get certain jobs, but that depends on the employer.
    Answer Applies to: New York
    Replied: 4/25/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    First, a 17b motion must be filed to reduce the felony to a misdemeanor. Then, if granted, a petition must be filed to expunge the misdemeanor. Time to get an attorney.
    Answer Applies to: California
    Replied: 4/25/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    We can expunge it. Give us a call.
    Answer Applies to: California
    Replied: 4/25/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Not in Alabama. Some states yes.
    Answer Applies to: Alabama
    Replied: 4/25/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    He could try to seal hid record. It isn't easy, but it could be an option.
    Answer Applies to: Massachusetts
    Replied: 4/25/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If it is the persons only offense ever, it can be moved to set aside after 5 years have passed. Click on the link to the left to contact me to discuss.
    Answer Applies to: Michigan
    Replied: 4/25/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Such a charge can only be removed from a persons record if the case was completely dismissed (like, for example, at the end of a deferred sentence).
    Answer Applies to: Colorado
    Replied: 4/25/2011
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