How can I get a felony drug conviction expunged in the state? 49 Answers as of July 08, 2013

What steps would you need to take to get a felony drug conviction expunged in the state?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Each county has a different procedure and it can be done with or without an attorney. Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. If you completed probation successfully you are entitled to one for a felony drug offense. An attorney could help too. He or she would likely seek the route of a formal motion before the court which also could be done much sooner than the administrative way. Costs vary with attorney to attorney. In such things where the lawyer makes a difference you get what you pay for. After you obtain an expungement there is a further procedure that an attorney can tell you about.
Answer Applies to: California
Replied: 11/8/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Expungement in NY is difficult, not impossible.
Answer Applies to: New York
Replied: 7/8/2013
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, a person may expunge only one prior conviction and they can only have "no more than 2 minor offenses in addition to the offense for which the person files an application." MCL 780.621(1). 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: 10/5/2011
Reza Athari & Associates, PLLC | Riana Durrett
Nevada Revised Statute 179 provides some guidance on record sealing. You will need to file a petition, which typically requires approval by the District Attorney's office. Keep in mind, this is different than having your rights restored.
Answer Applies to: Nevada
Replied: 9/19/2011
D T Pham Associates, PLLC
D T Pham Associates, PLLC | Duncan T Pham
A conviction cannot be expunged.
Answer Applies to: Texas
Replied: 9/16/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Enpungement may be available by filing a Petition and complying with the background check requirements. The Petition is heard in the Court where the offense took place. I hope that this was helpful. You may contact this office for an appointment should you wish to retain an attorney to represent you..
    Answer Applies to: Michigan
    Replied: 9/16/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    You have to file suit. The DA can object or agree. If he objects you have a problem. Also if you didn't plead under Article 893 of the Code of Criminal Procedure you might not be able to get it expunged.
    Answer Applies to: Louisiana
    Replied: 9/16/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    You will need to meet with an experienced expungement attorney to discuss your felony drug case. If you were granted a stay of adjudication at the time of sentencing, you will be able to seal all records regarding your arrest, booking, and criminal case. The expungment order will be sent to the arresting agency, the BCA, the sheriff's department, and clerk of court. If were not granted a stay of adjudication, the court only has the power in an expungement proceeding to seal the courthouse file. This remedy will not be worth the filing fee since a record of your conviction will still be maintained at the Minnesota Bureau of Criminal Apprehension. These records are open to the public and can be found on the Internet by an interested employer or landlord.
    Answer Applies to: Minnesota
    Replied: 9/16/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You can retain our office to make the appropriate application.
    Answer Applies to: New York
    Replied: 6/24/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    First you have to determine if you are eligible. You are eligible if you have no more than one conviction of any kind on your record, that conviction is not punishable by a potential life sentence, that conviction is not a felony CSC charge, and it has been at least five years. You need to obtain copies of the judgment against you, a copy of your record from the Michigan State Police, get fingerprinted, fill out a bunch of paperwork, make the proper amount of copies and send them to the right people, attend a hearing, etc. It is probably best to retain an attorney experienced in doing expungements.
    Answer Applies to: Michigan
    Replied: 9/16/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Expungement is controlled by statute. As long as all the requirements have been met, the process is usually routine. The proper formatted petition is filed and the prosecutor must agree, then the judge sings the order of expungement and it is filed.
    Answer Applies to: Kansas
    Replied: 9/15/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There are no expungement laws in the State of Alabama. There has been an expungement bill pending in the Alabama legislature but it is yet to pass.
    Answer Applies to: Alabama
    Replied: 9/15/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Is it your only criminal conviction? If you have more than one criminal conviction, whether felony or misdemeanor, you can not get your record expunged.
    Answer Applies to: Michigan
    Replied: 9/15/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    You would have to follow the procedures set out in the expungement statute. First, you can do nothing until at least 5 years after the conviction. Then the process is started by filing a motion in the court where the conviction occurred asking for an expungement. Ultimately, it is up to the discretion of the court whether the request is granted.
    Answer Applies to: Michigan
    Replied: 9/15/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    You can not get a conviction expunged in Georgia.
    Answer Applies to: Georgia
    Replied: 9/15/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It is a fairly simple process assuming you have successfully completed probation. Usually, with felonies, it is a two-step process. First a reduction to a misdemeanor, then an expungement. However, not all felonies are reducible.
    Answer Applies to: California
    Replied: 9/15/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    If you complied with all terms of probation then you are entitled to have your record expunged in California. If you violated probation then it is up to the judge to decide if you can get the expungement. First collect proof that you complied with probation. Do this by going to probation and asking for their records. Then write a motion and file the motion with the court. They will tell you the date the motion will be argued. Write a motion and serve it on the arresting agency, the DA, probation, and the sheriff. Include with the motion a proposed order It can be helpful to include documents that prove that you have rehabilitated yourself. You must then 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 remember that even if the judge reduces the charge to a misdemeanor and then dismisses the case, you must disclose the conviction to government agencies.
    Answer Applies to: California
    Replied: 9/15/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    You have to wait ten years unless it was a "deferred judgment." If ten years has passed, you can hire a lawyer, or go the the Colorado State Judicial Home Page and look up "Petition to Seal" under forms.
    Answer Applies to: Colorado
    Replied: 9/15/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Google California Penal Code and look at Penal Code Sec. 1203.4. It is easy to do and I believe the court clerk might have a form.
    Answer Applies to: California
    Replied: 9/15/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Only some felonies can be sealed (none can be expunged). Sealing prevents the public from seeing the case. There are forms and explanations on the Colorado Courts website. This process can be tricky and it is best to have an attorney to help or else the information may still be found by criminal history searches.
    Answer Applies to: Colorado
    Replied: 9/15/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    You can expunge some felony drug convictions. Oregon law essentially allows you to apply to expunge Class C felonies (which includes many drug convictions). There are a few Class B felonies that can be expunged as well that deal with Marijuana. To expunge a conviction you must first determine that the conviction is eligible and then determine whether you are eligible to have the conviction expunged. It is very helpful to have a lawyer to help negotiate the law that lays out expunction process.
    Answer Applies to: Oregon
    Replied: 9/15/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If it is your only crime ever, and is over 5 years old.
    Answer Applies to: Michigan
    Replied: 9/15/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    New York does not have an expungement statute so a criminal record in New York is forever. There are limited circumstances where upon successful completion of judicial diversion, courts can authorize conditional sealing of a felony drug, marijuana and Willard-eligible non-drug crimes and up to three prior misdemeanor drug charges. That doesn't sound like what you are inquiring about however.
    Answer Applies to: New York
    Replied: 9/15/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If convicted of the offense, and did not receive special 710 or 1410 probation, which you successfully completed, you cannot get the case expunged in Illinois. However, if the case was thrown out before or after a trial, you can get it expunged, as you can on the special probation noted above. See the Clerk of Court where the case was handled, and they should be able to provide you with a packet containing the forms and instructions for getting the arrest and case records expunged.
    Answer Applies to: Illinois
    Replied: 9/15/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    You need to pertition the court and demonstrate that you have remained crime free since being released fronm confinement for a period of years depending on the crime you were convicted for and trhat you are not currently being charged. A lawyer can help you and the fee is reasonable.
    Answer Applies to: Washington
    Replied: 9/15/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Felony drug convictions cannot be expunged in Virginia.
    Answer Applies to: Virginia
    Replied: 9/15/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    First, you have to qualify. You can't have been sentenced to state prison and you must be off of probation. Assuming you qualify, you file a petition for a dismissal under Penal Code section 1203.4. Yes, you can do it yourself, but a local criminal defense attorney can handle this for you for relatively little money - it's fairly straightforward.
    Answer Applies to: California
    Replied: 9/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    New York does not have an expungement statute. Once you are convicted of a crime it will be on your record forever. I get this question at least 10 times a month. In other states you can get a record expunged, but New York wants to let employers and schools know the criminal history of people who apply to them.
    Answer Applies to: New York
    Replied: 9/15/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    First, your case had to be dismissed, no billed, or not guilty in order to be expunged. If you successfully completed deferred adjudication probation then your case may be eligible to be sealed using a Petition for Non-Disclosure. So if you qualify, contact a lawyer immediately because your lawyer needs to file a civil lawsuit against every entity involved and sue them to erase your records. I specialize in these, so please don't hesitate to contact me. Also, we can do these in any county across the State. God Bless America,
    Answer Applies to: Texas
    Replied: 9/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If you meet the statutory requirements to have it vacated and dismissed you can.
    Answer Applies to: Washington
    Replied: 9/15/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    You have to go back to the court that convicted you and move to vacate the conviction. You can vacate a Class C felony 5 years after you have completed your sentence if you have no other criminal charges pending against you.
    Answer Applies to: Washington
    Replied: 9/15/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I would need to know more about the conviction and the underlying charge. There are certain types of convictions that cannot be expunged. Assuming your conviction qualifies for expungment, there must be the passage of at least 5 years time, commencing from the time you were released from probation (meaning that you completed all of the court ordered requirements) AND during that 5 year period of time, you have had NO criminal violations ANYWHERE, including other states.
    Answer Applies to: Washington
    Replied: 9/15/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    First It has to be at least 5 years from sentencing or release from incarceration which ever is later. Second unless your only other convictions are for not more that two misdemenaors carrying a maximum of 90 days, that happened before your 21st birthday, then it can be your only conviction. You have to petition the sentencing judge or his successor for relief. You should get an attorney to help you.
    Answer Applies to: Michigan
    Replied: 9/15/2011
    Halprin Law Office
    Halprin Law Office | Richard Halprin
    The circumstances and eligibility for getting an expungement are very limited. Hiring an attorney would be a smart first step.
    Answer Applies to: Michigan
    Replied: 9/15/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    To get a conviction expunged, you basically have to petition the Court that you were convicted at.
    Answer Applies to: California
    Replied: 9/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You need a Petition for Dismissal filed with the court requesting the court to re-open the case, set aside the plea, and dismiss the case. To qualify for expungement, you need to show that you completed probation, paid all fines and restitution, and not currently charged with a crime. Expungement will only work for offenses that you were not sentenced to state prison. If you meet the requirements, the court may grant your petition if it would be in the interest of justice. An expungement will not erase your criminal record. The guilty finding will be changed to a dismissal. You can honestly and legally that you have not been convicted of that crime. Your record shows that the case was dismissed after conviction. The record still states one you were charged and convicted along with how much time you served.
    Answer Applies to: California
    Replied: 9/15/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hire a lawyer to do a 17b motion, followed by a petition for expungement. Contact a lawyer to find out if you are even eligible for 17b.
    Answer Applies to: California
    Replied: 9/15/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    A petition for expungement needs to be filed in the county where the offense took place. The petition is filed with the court, copies need to be sent to any agencies you wish to have encompassed by the request, and then a court date will be set out 60 days or more to allow those agencies to respond. At the court appearance, a judge will rule on your petition, and if it is granted, there is a 60-day appeal period before the order takes effect.
    Answer Applies to: Minnesota
    Replied: 9/15/2011
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