Can two felonies be expunged? 44 Answers as of July 08, 2013

If they can be, how will you be able to go by that? If not what alternatives can be tried?

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Burdon and Merlitti
Burdon and Merlitti | Adam Van Ho
It depends on the felonies. First, there are certain felonies, particularly crimes of violence, than can not be expunged. It also depends on if the felonies were part of a continuing course of conduct. You should speak to an attorney about the specifics of your case, but you can also call the court and discuss the specifics of your case and see if you qualify for an expungement.
Answer Applies to: Ohio
Replied: 10/13/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
There are no expungement laws in the State of Alabama. There is an expunement bill that has been pending for some time in the Alabama Legislature, but it is yet to pass.
Answer Applies to: Alabama
Replied: 10/7/2011
Rudolph A. Serra, Attorney
Rudolph A. Serra, Attorney | Rudolph A. Serra
You are only eligible to have a conviction expunged if you have ONE and ONLY ONE criminal conviction. The only way to deal with two conviction sis to seek a PARDON from the Governor for one. If a pardon is granted, then the other could be expunged by the court.
Answer Applies to: Michigan
Replied: 10/28/2011
Reza Athari & Associates, PLLC | Armand Fried
You can petition to have felonies expunged if you meet the criteria set out in the statute. It takes the form of a motion that is presented to a judge for ruling.
Answer Applies to: Nevada
Replied: 10/6/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
Under the existing statute, the answer is no. There may be no way to get around this.
Answer Applies to: Michigan
Replied: 10/6/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    I'd recommend you retain or request an attorney to assist you with this matter. This answer does not contain specific legal advice. If you need specific legal advice for your particular circumstances, you should consult privately with an attorney. The current Michigan law does not allow for two Michigan felonies to be expunged. However, in some very limited and usual cases, judges have agreed to dismiss a previous felony conviction in the "interests of justice." Judges, ultimately, retain a lot of authority regarding these matters. It may be worth pursuing if there were some unusual circumstances associated with the prior convictions.
    Answer Applies to: Michigan
    Replied: 10/6/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, a conviction for a felony cannot be expunged. It probably cannot be sealed, either. The only way is to get a governor's pardon for the convictions. That is virtually impossible to get, and could be very costly. Of course, if you were found not guilty or the charges were dropped, you can get the record expunged, check with the Clerk of Court in the county where the cases arose for further information.
    Answer Applies to: Illinois
    Replied: 10/6/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes some felonies can be. There are certain requirements and I would consult with an attorney to see if you are eligible.
    Answer Applies to: California
    Replied: 10/28/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Certain felonies cannot (ie. sex cases usually), but most can. You need to hire an attorney to first file a 17b motion to reduce the felony to a misdemeanor. If granted, the attorney can then proceed to petition the court for expungement. Contact an attorney about eligibility.
    Answer Applies to: California
    Replied: 10/6/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    It depends. Are they related? Or, were they two separate charges in the same case?
    Answer Applies to: Florida
    Replied: 7/8/2013
    Night Life Lawyers
    Night Life Lawyers | Joshua Aldabbagh
    Yes. In Nevada, a process exists by which your criminal record can be "sealed". Once you get your record sealed, it makes it so the arrest and conviction never occurred; you can truthfully answer "no" when asked if you have ever been arrested or convicted of a crime. You will have to wait a statutorily prescribed period of time before being allowed to seal your record. The period of time varies depending on the severity of the felony for which you have been convicted. The period will range anywhere between 7 and 15 years. For example, a level "E" felony is 7 years; a level "A" felony is 15 years. An attorney can assist you in sealing your records, feel free to contact my office for a free consultation.
    Answer Applies to: Nevada
    Replied: 10/6/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    Certain felonies can be expunged when all requirements (specific to the charge itself) have been met. If you are eligible for expungement a motion to file must be filed with the Court where the charge originally occurred. Different courts have different procedures regarding expungement. More information is necessary to provide you with accurate information. I would need to know what you were charged with, when, where, the terms of the sentence and whether you were compliant with all the terms. My office offers free consultations. Feel free to call or email me for more specific advice.
    Answer Applies to: Washington
    Replied: 10/6/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Felonies cannot be expunged in Nebraska. You have one of two choices available to you: Seek a pardon from the government or request a set aside. Both have certain requirements to be useful against your felony.
    Answer Applies to: Nebraska
    Replied: 10/6/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends on the felonies. Serious violent felonies, sex offenses, kidnapping and DUI-related felonies cannot be vacated. Other felonies can be vacated and dismissed but the person petitioning the court has to meet certain requirements. All probation must be complete; you must have paid all legal financial obligations and one must be crime free for a period of five or ten years. If the felony is a C felony, the waiting period is five years. B felonies have a ten-year waiting period. If you meet the required conditions, you can petition the court to vacate and dismiss the charges. The current filing fee is $300. What that will accomplish is it will restore your civil rights. If you want to own or possess a firearm, you will need to petition the court for an Order restoring your firearms rights. That would require a second filing fee of $300 and must be done after the convictions are vacated and dismissed. That can be accomplished in one hearing. The Superior Court where you were convicted should have the necessary forms and instructions.
    Answer Applies to: Washington
    Replied: 10/6/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    They can be expunged if you were found 'not guilty', they were dismissed or no billed. You may have other alternatives, but you need a skilled expunction attorney.
    Answer Applies to: Texas
    Replied: 10/6/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    It depends. If the cases were dismissed without indictment, yes. If they were dismissed with indictment, maybe. If you got convicted or got deferred adjudication probation, then they cannot be expunged. If you successfully completed a deferred on the cases and at least 5 years has passed, then you may qualify to apply for nondisclosure but it depends on the offense. Talk to a lawyer.
    Answer Applies to: Texas
    Replied: 10/6/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Two felonies can be expunged, but the argument is more difficult obviously. Much depends on other factors, such as age of the offenses, type of offense, disposition, steps taken to show rehabilitation, etc. A petition needs to be filed in the jurisdiction where the case took place. If you are unsuccessful, you could also try a request to be pardoned.
    Answer Applies to: Minnesota
    Replied: 10/6/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Not that I am aware of. I do not know of any alternatives.
    Answer Applies to: New Jersey
    Replied: 10/6/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    No. The expungement statute refers to expunging one criminal conviction. In New Jersey a felony is called crime.
    Answer Applies to: New Jersey
    Replied: 10/6/2011
    Law Offices of Lazaro Carvajal
    Law Offices of Lazaro Carvajal | Lazaro Carvajal
    Certain indictable offenses may not be expunged, I would need to know specifically what the charges were in order to give a definitive answer.
    Answer Applies to: New Jersey
    Replied: 10/28/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    If one is a drug felony yes but otherwise no, generally it'd best to hire an attorney for an expungement.
    Answer Applies to: New York
    Replied: 10/6/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    New York State does not allow expungement. The theory is that employers and schools have the right to know who they are dealing with. You will have the convictions forever unless they are vacated by a 440.10 motion. That requires that there was something illegal; or improper with the conviction. It is a rare and expensive motion that requires certain grounds that are listed in the statute such as new evidence or an improper plea allocution.
    Answer Applies to: New York
    Replied: 10/6/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    New York does not allow expungement except in very limited drug treatment diversion programs. Your other option is to make a CPL 440 motion but there are very strict criteria for attacking prior pleas. Usually there has to be newly discovered evidence or a violation of a constitutional right. You should order the transcripts of the plea bargains if you are thinking about going down that road.
    Answer Applies to: New York
    Replied: 10/6/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Yes, if they are both part of the same case. Only one case can be expunged. However, the one case can have multiple counts.
    Answer Applies to: Florida
    Replied: 10/6/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    California doesn't have a true "expungement" law that will wipe them off your record. Assuming you didn't get sentenced to state prison, you can seek a dismissal of the cases under Penal Code section 1203.43 if you successfully completed probation. If the felonies are "wobblers" and can be misdemeanors, they can also be reduced. A local criminal defense attorney can evaluate your situation and should be able to assist for a very reasonable fee.
    Answer Applies to: California
    Replied: 10/6/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Some felonies can be expunged, but not all. You will need to check the expungement statute to determine if your felonies can be expunged. An attorney can be of help in getting the expungement, but it is not always necessary to hire an attorney. If you feel you are competent to prepared the petition and order correctly, nothing says your can't.
    Answer Applies to: Kansas
    Replied: 10/6/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    Alabama has a Board of Pardons & Paroles that will accept applications made for pardons of a criminal record. Once pardoned you could get your voting and gun rights restored. If the Board grants your pardon then your record would be cleared of any felonies. Few attorneys are familiar with the process and you must seek out one that knows how the process works before attempting to receive a pardon. For example, in my firm two attorneys worked for the Board of Pardons & Paroles and routinely investigate cases to see whether the client would qualify for a pardon before making the application to the Board.
    Answer Applies to: Alabama
    Replied: 10/6/2011
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    You should file a motion under 17b and 1203.4 of the Penal code then submit to Court by way of noticed motion. You should use attorney to have it done correctly
    Answer Applies to: California
    Replied: 10/6/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The answer is probably not one crime can be expunged. However it would depend on the judge and the prosecutor if they ever would let you withdraw your pleas in order to get your life straight.
    Answer Applies to: Michigan
    Replied: 10/6/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Ordinarily, the answer is "No." You usually need to wait 5 years and have a single qualifying offense. However, there may be some exception. You should hire an attorney and give them the details so that a more specific answer can be given.
    Answer Applies to: Michigan
    Replied: 10/6/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Unfortunately no. In order to be eligible for an expungement, you can only have one conviction of any kind on your record.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    It depends on what the felonies are, but generally yes. Some conditions apply.
    Answer Applies to: California
    Replied: 7/8/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The first question as to felonies is whether or not you went to prison. If, so, they cannot be expunged.
    Answer Applies to: California
    Replied: 10/5/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Yes more than one felony can be expunged as long as you did not go to prison. 1. collect proof that you complied with probation. (Do this by going to probation and asking for their records) Go to the court and get proof that you paid any fines or fees to the Superior Court. 2. Write a motion pursuant to California Penal Code Section 1203.4 and Penal Code Section 17(b). Include with the motion a proposed order for the judge to sign. This motion asks the court to reduce the charge to a misdemeanor and to dismiss the case. (If the case is not a wobler, then you do not need the motion pursuant to 17(b) because straight felonies cannot be reduced to a misdemeanor.) Include written proof of compliance with the terms of probation and any written evidence of rehabilitation. Make a total of five copies of the original. (So you will have six total) 3. File the original motion with the court in the county that you were convicted. The court will give you a date that the motion will be heard and the department that the motion will be heard. Ask the clerk to stamp one copy for your records. Write the date, time and department on the remaining copies. Have someone 18 years old or older other than yourself, file a copy of the motion with the Sheriff, Probation department, the District Attorney, and the arresting agency if it was not the same Sheriff's office 4. attend the hearing and the judge will rule. If he grants the motion, he will sign the order. Get a copy of the order and mail it to the California Department of Justice. It is important to understand that if you complied with all of the terms of probation then the judge has to grant the motion. If you violated probation, the judge can grant it but he has the authority to deny it also. A lawyer can help you do this, however if you cannot afford a lawyer you should be able to follow the steps above.
    Answer Applies to: California
    Replied: 10/5/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Felony convictions cannot be expunged.
    Answer Applies to: Georgia
    Replied: 10/5/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If there was a conviction, under Minnesota law, a statutory expungement is not available.
    Answer Applies to: Minnesota
    Replied: 10/5/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    Not all felonies can be expunged and if you have two convictions you have to wait ten years from the date of last conviction
    Answer Applies to: Oregon
    Replied: 10/5/2011
    Levine & McHenry LLC
    Levine & McHenry LLC | Matthew McHenry
    It depends on the nature of the felonies, but the sort answer is yes, two felonies can be expunged. The long answer is that the felonies can be no more severe than C felonies (i.e., A and B felonies are not expungeable), and, because there are multiple convictions, there must be at least 10 years between now and the most recent conviction. If they are not eligible, you may be able to move the court to enter misdemeanor convictions on the felonies. That won't expunge your record completely, but misdemeanors look much better than felonies on a record.
    Answer Applies to: Oregon
    Replied: 10/5/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You do not say what the felony convictions are or how long ago they happened. For a felony conviction to be expunged, the person must wait a MINIMUM of 5 years AFTER all terms of probation have been met and the person has been released from probation, AND during that 5 year period of time the person must have no criminal law violations anywhere. even other states. Having said this, some felonies cannot be expunged. Those felonies are crimes of violence against a person - rape, kidnapping, aggravated assault, murder. If you believe that your convictions do not fall within these case types and it has been at least 5 years, and you have had no subsequent criminal law violations, then consult with an attorney who can help you accomplish an expungement.
    Answer Applies to: Washington
    Replied: 10/5/2011
    Baner and Baner
    Baner and Baner | Jonathan Baner
    Depends on what the felonies were, when they occurred, what has happened in the interim.
    Answer Applies to: Washington
    Replied: 7/8/2013
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