Can my felony be expunged? 44 Answers as of June 10, 2011

I was convicted of credit card abuse. I served six months in state jail. I have been out for nine months now and am looking to have my felony expunged. Any help on the matter would be helpful.

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Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
This type of conviction can usually be expunged. Each state has specific laws concerning expungements. Usually the minimum time one must wait to expunge a crime is three years from the date the case was closed. You should consult with an experienced attorney.
Answer Applies to: Kansas
Replied: 6/10/2011
Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
The law for expungement requires a one year time since your penalty expired. Even then it has to be your first and only criminal conviction. If a year has passed since your sentence was finished or you were released from probation, parole and it is your only offense you may be able to get it expunged.
Answer Applies to: Ohio
Replied: 6/10/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
The situation you describe may be eligible for expunction, although it doesn't sound as though enough time has passed in order to file. In Oregon, if you were convicted of certain types of class C felonies, you can apply for expunction, but only after three years from the sentencing date.
Answer Applies to: Oregon
Replied: 6/10/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
In Michigan, after 5 years from your release, if this is the only felony or misdemeanor on your record, you could be eligible for an expungement. A Motion would need to be filed with the Court at that time I hope that this was helpful.
Answer Applies to: Michigan
Replied: 6/9/2011
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 an expungement bill pending in the Alabama legislature for the past three or four years. Contact your local representative and let them know that an expungement bill is necessary and needed.
Answer Applies to: Alabama
Replied: 6/8/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes, after 5 years.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    It depends in what state you were convicted and your criminal history. You may have to wait several years until you are eligible. Contact a local criminal defense attorney.
    Answer Applies to: New Jersey
    Replied: 6/8/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No, but you can retain our office to make an application for a relief from disability or move the trial court to vacate the charges and conviction.
    Answer Applies to: New York
    Replied: 6/8/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You become eligible for expungement five years after you complete your sentence and receive a certificate of discharge from the superior court.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Lisa Mulligan Law Offices, LLC
    Lisa Mulligan Law Offices, LLC | Lisa Mulligan
    I'm sorry to tell you that it's too soon - in order to qualify for vacation of a felony conviction, you're going to need either 5 or 10 crime-free years in the community (depending on whether your conviction was for a class B or C offense). Take care!
    Answer Applies to: Washington
    Replied: 6/8/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible to have felonies expunged where there was no state prison sentence. Feel free to contact me to discuss your case in further detail.
    Answer Applies to: California
    Replied: 6/8/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    I would recommend consulting with a local criminal defense attorney who practices law within the jurisdiction of the court where you were convicted. The applicable laws for expunging an offense vary greatly depending on the type of charge, particular state where you were convicted, and a litany of other factors. Most attorneys provide free initial consultations. It is certainly worth the effort to make a few calls.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    RSA 651:5 sets forth annulment statute. Felonies can be annulled after 5 yrs if B felony 10 years if A felony.
    Answer Applies to: New Hampshire
    Replied: 6/8/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should hire an attorney and disclose all the facts to see in your case if an application to expunge would likely be successful.
    Answer Applies to: New York
    Replied: 6/8/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You generally need to successfully complete your probation. You can request early termination of probation, but you need to have a compelling reason and to be at least half way through for that to be granted. Once probation is terminated, you may bring the motion for reduction to a misdemeanor and/or expungement. My office does these often. Feel free to contact me.
    Answer Applies to: California
    Replied: 6/8/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Was it only one charge that you were convicted of? If so, then the offense would be eligible for expungement. If you were convicted of at least two counts or if you have any prior misdemeanor or felony charges on your record, you will not be eligible. There is also a time requirement. At least five years must have passed since either the date of sentencing or the day you were released from jail whichever is later. Contact an attorney that does expungements for a more detailed evaluation of your case.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Only charges that have been dismissed, and some minor drug offenses can be sealed in Colorado at this point in time.
    Answer Applies to: Colorado
    Replied: 6/8/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    In Georgia, the short answer is: no, a conviction can not be expunged. I do not know about other states. But you may be eligible for some other relief such as a pardon or the restoration of your civil rights. You should seek out an attorney in your state who handles post-conviction relief matters. There may be something that can be done for you.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, no felony conviction can be expunged, except some first time drug and cannabis cases, where a period of probation has been successfully completed. Of course, if you were found not guilty, or the state dropped charges before trial, then you could get that expunged, but in all other cases, you are out of luck!
    Answer Applies to: Illinois
    Replied: 6/8/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    There is a process with the Board of Pardons and Paroles to apply for a pardon. Their own website provides information. It is a low odds proposition. Stay well.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    In Minnesota, 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 administrative records. Administrative agencies generally are the plces 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.
    Answer Applies to: Minnesota
    Replied: 6/8/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    No. An expungement only applies to an arrest, i.e., someone is arrested for a crime and the case is either dismissed or the defendant goes to trial and is found not guilty. If you've been convicted, then you have to apply for a pardon through the governor's office. A pardon is difficult to get unless the conviction was many years ago and you've been a model citizen since then.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    In Georgia, you do not qualify for expungement if you were convicted of the crime.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Attorneys of Michigan, PLLC
    Attorneys of Michigan, PLLC | Daniel Hajji
    You'll have to wait until at least 5 years from the time you were released from jail to be eligible to set aside (expunge) your conviction. Even then, you must only 1 conviction on your record to apply.
    Answer Applies to: Michigan
    Replied: 6/8/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    If yours was a class C felony, as I suspect it was, you must wait five years after the date you are eligible for a certificate of discharge (end of community custody and payment of legal financial obligations) before you can petition the court for an order expunging your conviction data. It's ten years for a class B felony.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You have to be off parole first and/or not on probation, then your lawyer can file a 17b motion to reduce the felony to a misdemeanor which, if granted, gives you the right to petition the court for expungement.
    Answer Applies to: California
    Replied: 6/8/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    As long as you did not serve time in state prison you can get it reduced to a misdemeanor via 17B and then get it expunged via a 1203.4 motion.
    Answer Applies to: California
    Replied: 6/7/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It is possible to have the conviction to be expunged. There are several thing that should happen. First 5 years must pass from the time you were sentenced, or if incarcerated, the time you got out of jail or prison. Second It must be you only conviction. If there were two or more counts that you pled to or were found guilty of, then you are ineligible. Third you have to go in front of the same judge or his successor and ask to have it expunged. Fourth the Judge does NOT have to grant you the expungment. It is in his discretion, so I tell my clients to start doing good works, donate time to charities or church and generally act like a boy scout. This is so people will write letters and make it so that the judge wants to grant the expungment.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    I believe if there is any possibility of expungement, it cannot occur prior to 5 years after conviction.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Without knowing what state this charge arose in, I cannot answer this question. If you decide to call an attorney in the state where the conviction is, make sure you have information about how you were convicted (by a plea? If so, is there an agreement about whether or not your conviction can be sealed/expunged?)
    Answer Applies to: Colorado
    Replied: 6/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    I get this question more than any other. New York does not have an expungement statute. You will have a criminal record forever. It will never be taken off the NYSID computer and it will hurt your chances of getting a job or career.
    Answer Applies to: New York
    Replied: 6/8/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    After you are off probation, if you have had no further incidents and have complied with probation, you have a right to a record clearance. If you are still on probation, but time has passed, you have complied with probation you can petition the court for a reduction to a misdemeanor, early release from probation, and a record clearance, it the judge finds good cause.
    Answer Applies to: California
    Replied: 6/7/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The general rule is: Records are forever. However, many convictions can 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 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: 6/7/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    There is a seven year waiting period before applying to have a record expunged
    Answer Applies to: Connecticut
    Replied: 6/7/2011
    Law Office of Kyle T. Green, PLLC
    Law Office of Kyle T. Green, PLLC | Kyle T. Green
    Arizona does not expunge felonies. The closest you can get is to have the judgment set aside. An attorney can help you file the proper paperwork to have this done.
    Answer Applies to: Arizona
    Replied: 6/7/2011
    Moffitt & Phillips, PLLC
    Moffitt & Phillips, PLLC | Brandon Moffitt
    Depends on the jurisdiction. In AR, yes if sentenced under act that allows it.
    Answer Applies to: Arkansas
    Replied: 6/7/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Assuming your only criminal offense ever, you have to wait 5 years to attempt an expungement.
    Answer Applies to: Michigan
    Replied: 6/7/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    The felon can be vacated after you have satisfied the sentence, have no criminal convictions, and complete the statutory waiting period which in your case may be at least 5 years.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    NY State does not have expungement. Federal courts do but its not easy.
    Answer Applies to: New York
    Replied: 6/7/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    There is no "expungement" in California, but there is a dismissal section everybody calls an "expungement." It doesn't remove it from your record, but instead puts a note that says it was later dismissed. It allows you to tell most private employers that you have not been convicted of that crime. That is not available if you were sent to state prison, including if you had a suspended sentence. You said you served 6 months in state jail. If it was state prison, you cannot get it dismissed. If it was county jail only, you may be eligible. Talk to a local criminal defense attorney to discuss your options.
    Answer Applies to: California
    Replied: 6/7/2011
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