How can I get a felony exungement? 46 Answers as of May 24, 2011

I need to know if I can get a felony expungement for cashing a bad check. I did some work for some lady and she gave me a fake check. Now my life is messed up; cannot get job to care for my 4 kids.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
There is no guarantee to get an expungement. You should hire an attorney.
Answer Applies to: New York
Replied: 5/24/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
There is no expungement statute in New York. Once you have a record you have it forever. I get this question more than any other question and I understand your concern, but New York does not believe that a person who has been convicted of a crime should be able to hide this fact from perspective employers or others. You can only hope that you will be able to overcome he stigma attached to this criminal conviction.
Answer Applies to: New York
Replied: 5/23/2011
The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
In order to get a charge expunged, the Court would have to have withheld adjudication in your case. That is the first thing that you need to find out. If they adjudicated you guilty then you cannot get your charge expunged whether it is a felony or a misdemeanor. If they did withhold adjudication and your case is in the Tampa Bay area and you want representation to try and get your charge expunged please contact my office.
Answer Applies to: Florida
Replied: 5/23/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
The law in the State of Alabama does not provide for any expungement. There is a bill that has been pending for some time in the Alabama legislature for expungement and/or non disclosure. If this bill passes you may be provided with some relief.
Answer Applies to: Alabama
Replied: 5/23/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Depending on your area, you may have some success with a friendly judge, however, in the Mobile area, those days are gone. Your other alternative is to apply for a pardon with the board of pardons and paroles. They have a website. Stay well.
Answer Applies to: Alabama
Replied: 5/23/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    Contact a criminal defense attorney in your area and hire them to file an expungement for you. When you speak to the attorney they will be able to inform you as to whether or not this is an expungeable offense in your area. If you are interested in filing an expungement in Louisiana, contact our firm at the information on this page for a free case evaluation to discuss your options.
    Answer Applies to: Louisiana
    Replied: 5/23/2011
    Justin Jones Attorney at Law, PLLC
    Justin Jones Attorney at Law, PLLC | Justin Blaine Jones
    Assuming you are in Mississippi, you are in luck. The law has recently changed and you can get an expungement of your felony bad check conviction. This particular conviction was just added to the list of felony convictions that may be expunged. In order to have your conviction expunged you need to speak with an attorney. The attorney will explain to you the process for obtaining an expungement.
    Answer Applies to: Mississippi
    Replied: 5/20/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes you can get the felony expunged by filing an application to expunge the felony. It is often easier for clients to hire a lawyer to do the work for you.
    Answer Applies to: Michigan
    Replied: 5/20/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Felonies such as the one you describe may be expunged by filing a petition for expungement with he court you were convicted in. If the prosecutor has no objection, then an order of expungement is signed by the court and filed with the clerk. A certified copy is sent to the KBI who will then process the expungement and subsequent record inquiries will show no record of the conviction. You should contact an attorney for assistance in preparing and filing the proper documents.
    Answer Applies to: Kansas
    Replied: 5/20/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If three years have passed since you completed your DOC probation and all your fines and costs have been paid; and you have had no new convictions, you can petition the court where you were convicted to allow you to vacate the guilty finding and the court will then dismiss the charges. Then you can truthfully say you have not been convicted of a felony. While you are in court, you may also petition the court to restore your firearms rights. This is something I do for a flat fee. If you would like to discuss this further, please feel free to contact me.
    Answer Applies to: Washington
    Replied: 5/20/2011
    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. 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. The right legal council ensure that your paperwork is handled properly and increases your chances of completing the process.
    Answer Applies to: Michigan
    Replied: 5/20/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    An expungement may be available 5 years after the conviction provided you have no other felonies or misdemeanors on your record. Should you need assistance with this, you may contact me at the address below. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 5/20/2011
    The Grigsby Firm
    The Grigsby Firm | Sherlock Grigsby
    If you did not know the check was bad, you may be able to have it expunged on the basis of actual innocence. How much time has passed since the incident will also play a role. You should get all of the paperwork from your case and see a lawyer who handles expungements.
    Answer Applies to: District of Columbia
    Replied: 5/20/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon where I practice, a conviction such as yours would be expungeable three years after the conviction providing you complied with all the court's directives (probation etc), that you were only convicted of one count, that the one count you were convicted of was a Class C Felony or a misdemeanor and that you haven't had any convictions in the ten years before the conviction and after the conviction. If you are eligible, you file a motion with the court and the DA, the DA makes his recommendation to the court and the court ultimately decides if they want top "seal" the conviction. The effect is the conviction is wiped off your record and it is like It never happened.
    Answer Applies to: Oregon
    Replied: 5/20/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You need 7 years to pass since the end of your sentence.
    Answer Applies to: Washington
    Replied: 5/20/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It is relatively easy to get annulled if the proper amount of time has passed. See RSA 651:5. If you have any questions about whether you qualify contact a defense lawyer.
    Answer Applies to: New Hampshire
    Replied: 5/20/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Colorado does not allow expunging of cases, but the information can be sealed if the case was completely dismissed. If not, then the only hope is a pardon from the governor and those are not often given out.
    Answer Applies to: Colorado
    Replied: 5/20/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    If you where convicted or plead guilty you cannot get an expungment in Nebraska. You may be eligible for a Set Aside. Call me and I will provide a free consult.
    Answer Applies to: Nebraska
    Replied: 5/20/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    If you pled guilty or were found guilty, there is no expungement. You would have to petition the governor's office for a pardon. If you were arrested but not convicted, and the charges were dismissed after you paid restitution, then you need to go to the arresting jurisdiction and ask for an expungement package. After you fill it out, the package goes to the District Attorney in your area to be approved or not approved.
    Answer Applies to: Georgia
    Replied: 5/20/2011
    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 places 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. Since you were convicted, a statutroy expungement is not possible.
    Answer Applies to: Minnesota
    Replied: 5/20/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Sorry, but in NY there is no such expungement available yet. However, you may be able to obtain a Certificate of Relief from Civil Disability. Speak to a lawyer about it.
    Answer Applies to: New York
    Replied: 5/20/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Something does not sound right here. You were given a check that turned out to be fake? Did you know it was fake at the time you tried to cash it? How long ago did this happen? Are there any other convictions on your record? All these questions would have to be answered before we could discuss the expungement issue. For more information, contact us.
    Answer Applies to: Michigan
    Replied: 5/20/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Something is wrong with this picture. If this lady gave you a fake check whywere you prosecuted. She should have been prosecuted. What moron lawyer got you to plead guilty to a felony. Look at Penal Code Section 1023.4 (Google it). It tells you that after you are finished with probation and have not gotten any new cases, you can petition to expunge your record. More important, however, is Penal Code Sec 17(b). Some felonies are called "wobblers".It means that the case could have been prosecuted as either a felony or a misdemeanor. If the statute you pled guilty under is a wobbler you can get it down to a misdemeanor and then expunged. You can then truthfully say you have never been convicted of a felony as the reduction to misdemeanor is deemed to go back in time to the time of the original felony plea. Good luck.Look up the Penal Code section you pled guilty to. If it says that you can be sentenced, for example, to 2 3 or 4 years it is a straight felony, but if it says you can be sentenced to state prison OR county jail for up to one year, that is a wobbler. If you have trouble figuring this out, call me. No charge. Good luck.
    Answer Applies to: California
    Replied: 5/19/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Most C felonies can be expunged. If you have no other convictions, it's three years from the end of your probation, if this offense is eligible, but it depends on the offense. Filing for expungement is easy, and you can do it without an attorney. There may be forms in the county courthouse, and you need to get yourself fingerprinted, follow the instructions in the form, and pay a few hundred dollars for the filing fee.
    Answer Applies to: Oregon
    Replied: 5/19/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Yes, if you have successfully completed probation you may request a reduction to misdemeanor and/or an expungement. My office does them often. You can also bring the motion yourself (without an attorney); there is a packet in the clerk's office. However, for a felony conviction I would not recommend doing it yourself.
    Answer Applies to: California
    Replied: 5/19/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Any charge can be expunged as long as it is not one with a potential life sentence or a criminal sexual conduct crime. To be eligible, it either five years must have passed since you pleaded guilty or five years has passed since you were released from prison and you can only have one charge of any kind on your record. To get an expungement, you can either hire a lawyer that does expungements or you can do it yourself if you have the packet "How to Set Aside a Criminal Conviction."
    Answer Applies to: Michigan
    Replied: 5/19/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    As long as you never served time in state prison you should be able to get it reduced to a misdemeanor via 17b motion and then file for an expungement under 1203.4. I would recommend hiring an attorney to assist you in this process.
    Answer Applies to: California
    Replied: 5/19/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The only way would be if you have it changed to a misdemeanor.
    Answer Applies to: California
    Replied: 5/19/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    I'm assuming this in Florida? If so, it depends on whether you meet the eligibility requirements, but your charge itself would not prevent you from clearing your record assuming you are eligible otherwise. Please feel free to fill out a free eligibility evaluation on my site or email me so I can let you know once I have a little bit more information, the main question being what the outcome of your case was.
    Answer Applies to: Florida
    Replied: 5/19/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Tell the truth. You did the work, cashed the check and for some reason pled guilty to a felony. Why would anyone plead guilty to a felony when they did nothing wrong? Why would anyone plead guilty without the assistance of an attorney. You cannot get the felony expunged. See my website.
    Answer Applies to: Georgia
    Replied: 5/19/2011
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    It can be done by you or through an attorney.
    Answer Applies to: Louisiana
    Replied: 5/19/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Oregon allows expungement of certain Class C and misdemeanor crimes.
    Answer Applies to: Oregon
    Replied: 5/19/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    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 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: 5/19/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Assuming you were not sentenced to state prison (and that includes a suspended sentence), you are not only eligible for a dismissal (there are no true "expungement" sections in California, but you can clean up your record somewhat). As a bonus, if your charges were "wobblers" (meaning they could be either felonies or misdemeanors), you can get them reduced and considered misdemeanors for the future. In order to be eligible, you have to be off probation (either successful completion or terminated early) and have no other pending cases. Discuss this with a local criminal defense attorney. It's not a terribly involved procedure, but it's something you want done right.
    Answer Applies to: California
    Replied: 5/19/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were convicted for the felony, you cannot get the case expunged ever. Conviction means you were found guilty, or pled guilty, and sentenced to felony probation, jail, or fined. If restitution was ordered, without any kind of probation, you may have been dismissed for making the restitution. I do not know from what you wrote, what sentence you got, if any, so I would suggest you return to the clerk of the court's office where the matter was disposed to verify if you have the chance to expunge the arrest from your record.
    Answer Applies to: Illinois
    Replied: 5/19/2011
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    You should retain a experienced skilled criminal defense attorney who will take the appropriate steps to try to get this expunged, or, if that is not possible, sealed. The two are different procedures in Massachusetts, with expungement being relatively rare, whereas sealing a criminal record is a procedure set forth specifically by Massachusetts law. The Criminal Offender Record Information (CORI) law in Massachusetts was recently changed, as well, making it all the more imperative that you have an attorney assist you with the complexities of this.
    Answer Applies to: Massachusetts
    Replied: 5/19/2011
    Lisa Mulligan Law Offices, LLC
    Lisa Mulligan Law Offices, LLC | Lisa Mulligan
    It depends on how long it has been since the conviction and whether or not you've had other convictions since then, but, generally speaking you can get a felony vacated from your criminal history. You should talk to a lawyer in your area if you need help with the process.
    Answer Applies to: Washington
    Replied: 5/19/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Your probably seeking to vacate the conviction as opposed to having the conviction expunged. First, you need to find out if your eligible for the vacation which would be based on such things as your criminal history, the nature of the offense, the date of conviction, and whether you have complied with the conditions of sentence. Then you would have to file a motion and proposed order (if you are eligible) to vacate the conviction with the appropriate court. If this is a class C Theft in Washington state, you would need to wait at least 5 years from the date of conviction to get the conviction vacated. Some, but not all, criminal defense attorneys handle these types of cases and many criminal defense attorneys provide a free initial consultation which is something you should strong consider f this theft happened over 5 years ago.
    Answer Applies to: Washington
    Replied: 5/19/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    In Washington, assuming you were convicted of class "C" felony, you must be conviction free for 5 years after all jail and legal financial obligations were completed to be eligible to "vacate" your felony conviction.
    Answer Applies to: Washington
    Replied: 5/19/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If that's your only crime ever, and it's over five years old, it can be expunged. Call me to discuss.
    Answer Applies to: Michigan
    Replied: 5/19/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    NY State does not have expungement. Federal convictions can be expunged but its very hard to do.
    Answer Applies to: New York
    Replied: 5/19/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    In order to get your felony conviction expunged you must file a petition with the court. I would recommend hiring an experienced criminal defense attorney to help you with this as it will greatly enhance your chances of success. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 5/19/2011
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