Can my felony charge be expunged? 63 Answers as of June 26, 2013

I need my felony charge expunged so that I can get a job and better myself.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Any felony can be expunged with the exception of CSC felonies and any felony with a possible life sentence. At least five years must have passed since the conviction or the date you were released from prison and you cannot have any other charges of any kind on your record including misdemeanors and juvenile offenses. You can file for the expungement yourself or hire an attorney that does expungements to do it for you.
Answer Applies to: Michigan
Replied: 8/24/2011
Law Offices of John J. Connors, Esq.
Law Offices of John J. Connors, Esq. | John J. Connors, Esq.
You need to seek the advice of a good criminal defense lawyer regarding the possibility of having the record sealed.
Answer Applies to: Massachusetts
Replied: 8/23/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Most felony charges are expungeable. Some, including homicide, DUI and most sex crimes are not expungeable, so you will need to check on your specific conviction and compare it to the statute permitting expungements.
Answer Applies to: Kansas
Replied: 8/22/2011
Anderson Walsh PLLC
Anderson Walsh PLLC | STACI LYNN ANDERSON
If you qualify under Idaho law, you may be able to have your plea withdrawn.
Answer Applies to: Idaho
Replied: 9/20/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
New York State does not have an expungement statute. The only way to erase a conviction is to make a 440.10 motion to vacate the conviction if there was something improper or illegal with the proceedings or there is new evidence of your innocence. Even then, there will be a record of the arrest and disposition of the matter as nothing ever comes off the NYSID computer that the police, prosecutors, and government agencies have access to. New York State has decided that they need to keep track of the criminal behavior of it's citizens and warn potential employers, schools, and organizations before they hire an individual or allow them to become a member.
Answer Applies to: New York
Replied: 8/19/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. Under Minnesota law, a statutory expungement is not available for any offense where there was a conviction.
    Answer Applies to: Minnesota
    Replied: 8/18/2011
    Law Office of Joseph Schodowski
    Law Office of Joseph Schodowski | Joseph Schodowski
    Your ability to have your felony vacated from your record depends on whether you meet the test under RCW 9.94a.640. That statute, or law, allows you to petition the court after 10 years have elapsed since the completion of your judgment and sentence if you meet the following: 1.) There are no criminal charges pending against you in any court, state or federal; 2.) The offense was not "violent offense" as defined in RCW 9.94A.030; 3.) The offense was a crime against persons as defined in RCW 43.43.830; and 4.) You have not been convicted of a new crime anywhere. If you meet these requirements, you might be able to have your conviction vacated.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Yes. You usually have to wait 10 years with no additional criminal convictions.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Depends upon the type of felony. There are certain convictions that cannot be expunged. These are generally crimes of violence (ie. rape, molestation, etc). If the felony you have is classified as being able to be expunged, generally, you are required to wait for a period of at least 5 years AFTER you have completed ALL of your obligations with the court and received your release from probation AND during that 5 year period, you have had no criminal incidents with ANY court. Consult with an attorney to see if you are eligible.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    How long since the conviction and do you have any other criminal convictions whether felonies or misdemeanors.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should hire an atorney to try to expunge it.
    Answer Applies to: New York
    Replied: 8/18/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    You may be able to petition the court for expungement after 5 years from conviction. A lawyer would be able to assist you with such a petition.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    If you only have one count, and depending on the charge, yes you should be able to do an expungement.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Yes, if you have successfully completed probation. The first step for a felony is usually to have it reduced to a misdemeanor but not all felonies are reducible. Once that's done, an expungement is usually granted if probation has been completed.
    Answer Applies to: California
    Replied: 8/18/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    Yes if your conviction gets set aside pursuant to Article 893 of the Louisiana Code if Criminal Procedure.
    Answer Applies to: Louisiana
    Replied: 8/18/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Yes, but there are so many years you have to wait before you can apply to do such.
    Answer Applies to: Utah
    Replied: 8/18/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I have answered this question time and time again, you should research some of my earlier responses. Just to remind you, in Illinois, if convicted of a felony, with the exception of drug or pot possessions of a small amount, which resulted in a special probation called 710 or 1410 probation, no other offenses can ever be expunged.
    Answer Applies to: Illinois
    Replied: 8/18/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Many felony categories can be expunged. Only one crime ever is allowed, so that would have to be your only crime, unless they were committed while under 21.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    Most felonies can be expunged (or what is called vacated) after a set period of time and with no more crimes committed in the interim such that they do not show up with a records check. A lawyer can help you with this at not too high a cost.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In Michigan, you can get many felonies (non-excluded felonies) expunged. The requirements include only one conviction, and 5 years have passed from sentencing. If you qualify, there is a procedure for getting an expungement from the Court where your conviction occurred.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Law Office of Thomas Baynton
    Law Office of Thomas Baynton | Thomas B Baynton
    Yes, in Michigan if you only have one criminal conviction total one your record you can petition to set aside the conviction provided five years has passed since you completed your sentence and probation.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    If you are eligible, you can expunge a felony. Basically, you have to be able to answer "no" to these three questions: 1. Do you have any convictions, in Florida or any other state? 2. Have you ever sealed or expunged a record before? 3. Are you currently under court supervision? These are the main requirements, but there are others. Best bet is to talk to an attorney - most offer free evaluations.
    Answer Applies to: Florida
    Replied: 8/17/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. You need an attorney to file a 17b motion to reduce the felony to a misdemeanor. Once granted, the attorney can then proceed with a petition to expunge the misdemeanor.
    Answer Applies to: California
    Replied: 8/17/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    What you are referring to is annulment. Class B felonies can be annulled after 5 years and class A felonies 10 years. That is after completion of all terms of the sentence including suspended periods. See NH RSA 651:5.
    Answer Applies to: New Hampshire
    Replied: 8/17/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    It would depend on what you were convicted of. Generally speaking Class C Felonies are expungeable. Class A or B felonies are not (but there are a couple exceptions). I would consult an attorney who specializes in expungement.
    Answer Applies to: Oregon
    Replied: 8/18/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That depends on your felony. Some can be vacated and dismissed. Others cannot.
    Answer Applies to: Washington
    Replied: 8/17/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No. There is no expunging in New York.
    Answer Applies to: New York
    Replied: 8/17/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    A felony can be expunged if you were found not guilty or the case was dismissed. You need to contact a local lawyer to represent you because it is rather complicated and requires that you file a lawsuit against a number of parties in civil district court.
    Answer Applies to: Texas
    Replied: 8/17/2011
    Lisa Mulligan Law Offices, LLC
    Lisa Mulligan Law Offices, LLC | Lisa Mulligan
    It depends on the type of felony and how long it's been since you finished up all of the requirements of your sentence. You should speak to an attorney to find out if your charge can be vacated or not.
    Answer Applies to: Washington
    Replied: 8/17/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Under certain circumstances you can get a felony expunged. Either it has to be your only conviction or if you have misdemeanors, they have to be before your 21st birthday have a maximum possible sentence of 90 days and can't be more than two and certain ones are barred under the statute. See a lawyer.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Once you are convicted, you need to file a motion to vacate the guilty finding. There are restrictions on which felonies can be vacated. You must have completed your sentance and be discharged, have no charges pending, it must be a nonviolent offense, and you must have spent between 5 to 10 years in the community, depending on the charge, without any convictions.
    Answer Applies to: Washington
    Replied: 8/17/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Probably not. Only C felonies that are non-moving and not a sex crime can be expunged in Oregon.
    Answer Applies to: Oregon
    Replied: 8/17/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You may seek expungement of your felony five years after completing the sentence and conditions of sentence on a class C felony. It is ten years on a class B felony. A class A felony cannot be expunged.
    Answer Applies to: Washington
    Replied: 8/17/2011
    Donahue, Sowa & Magana Attorneys at Law
    Donahue, Sowa & Magana Attorneys at Law | Glenn M. Sowa
    Your felony charge can only be expunged if it did not result in a conviction. If you received probation or conditional discharge, your conviction cannot be expunged. If your case was Nolle Pross'd, dismissed, SOL, or you were found not guilty, it can be expunged. There are also some special dispositions for drug offenses that do not result in convictions that may be expunged after a waiting period. It's best to have a competent attorney review the specifics of your situation and give you an opinion.
    Answer Applies to: Illinois
    Replied: 8/17/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes. First, an attorney would file a 17(b) motion for you which reduces your felony charge to a misdemeanor. Next, a 1203.4 motion would be filed which would effectively dismiss your case.
    Answer Applies to: California
    Replied: 8/17/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    In Colorado, most convictions remain on your record forever. But, some minor drug felonies can be sealed from public view. If it was not a conviction, then it should be sealable.
    Answer Applies to: Colorado
    Replied: 8/17/2011
    Braunstein Law, PC
    Braunstein Law, PC | Jacob Braunstein
    The answer will vary by state. Each state has its own laws regarding the classification of the particular crime and whether or not that crime is eligible to be expunged. You should consult with an attorney to determine your eligibility for expungement.
    Answer Applies to: Oregon
    Replied: 8/17/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Hello- You felony can only be expunged if it was dismissed through a deferred judgment procedure or if it was simple possession of a controlled substance.
    Answer Applies to: Colorado
    Replied: 8/17/2011
    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, 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.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Most felony convictions cannot be sealed or expunged. There are a few drug convictions that might be possible to seal after a certain time period passes depending on the level of the charge. You need to have a lawyer familiar with this area of the law review your specific case to advise you.
    Answer Applies to: Colorado
    Replied: 8/17/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Most felony convictions in New Jersey can be expunged in New Jersey ten years after the conviction and the completion of the sentence/probation, fine or other penalty imposed are satisfied.
    Answer Applies to: New Jersey
    Replied: 8/17/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    New York State does not expunge.
    Answer Applies to: New York
    Replied: 8/17/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Not enough info to answer the question. However, an expungement does notremove the conviction or arrest from your record. It is always there. The expungement, if you qualify, merely permits you to say that you have not been convicted. But you must tell any potential governmental entity or licensing agency (cosmotology, real estate, etc.)
    Answer Applies to: California
    Replied: 8/17/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You cannot expunge a felony charge. Your only option is a pardon or set-aside.
    Answer Applies to: Nebraska
    Replied: 8/17/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    You have to wait at least 10 years from the conviction date and then apply for clemency with the executive board in Augusta, and have a good excuse, not simply employment. But bring people with you, young children and grandparents to cry in front of them, as they (the Board) are subject to emotional pleas.
    Answer Applies to: Maine
    Replied: 9/2/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible to expunge some felony convictions.
    Answer Applies to: California
    Replied: 6/26/2013
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    A felony charge can be expunged under Penal Code 1203.4 if you did not serve a state prison sentence.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    As long as you were not sentenced to state prison, you should be eligible for a dismissal under Penal Code section 1203.4 (commonly called an expungement). If your felony was a "wobbler" and could be a misdemeanor, you can also request it be reduced to a misdemeanor before being dismissed. You must have 1) not been sentenced to state prison [and that includes a suspended state prison sentence] and 2) be off probation with no other cases pending.
    Answer Applies to: California
    Replied: 8/17/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    You absolutely can have such a conviction removed from your record, once you are off probation, either because you completed it or asked the judge to terminate it early and it was granted. This procedure is actually a "dismissal" of the case under Penal Code section 1203.4. Sometimes it is referred to as an "expungement", though that is not an entirely accurate term. The conviction can still be used as a prior conviction in the future and would still be in your California Department of Justice records accessible to DA's and cops. You can generally deny the conviction to private employers, though there are several exceptions. Notable exceptions include federal, state and local government jobs, applications to be a peace officer and other license applications, and contracting with the California State Lottery. You should also try first to get it reduced to a misdemeanor (if this particular charge is one that can be) pursuant to Penal Code section 17(b) and then have it expunged. It is important to get a qualified attorney to review your particular case and determine how you can answer these questions to avoid being in more trouble or risk losing a job.
    Answer Applies to: California
    Replied: 8/17/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. A conviction 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 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 applications 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.
    Answer Applies to: California
    Replied: 8/17/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    It can be expunged, but depending upon the specific circumstances of the conviction, it may be able to be sealed. Call an attorney where you live who handles criminal sealing to find ouf if you're eligible.
    Answer Applies to: Colorado
    Replied: 8/17/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    It depends on what your felony was. Most Class A and B felonies (except for certain marijuana-related offenses) cannot be expunged, no matter what. A DUI, whether misdemeanor or felony cannot be expunged. Neither can any crime of child abuse. If your past crime is not one of these things, then it may well be possible to have it expunged. Most attorneys can do this relatively quickly and cheaply.
    Answer Applies to: Oregon
    Replied: 8/17/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    Certain felonies can be expunged but some cannot. I would recommend calling an attorney who does expunctions and having a five minute phone conversation with them. That is all the time you will need to determine if you are eligible.
    Answer Applies to: Oregon
    Replied: 8/17/2011
Click to View More Answers:
12 3 4 5 6 7 8 9 10 Free Legal QuestionsConnect with a local attorney