How can she prevent a felony for appearing every time a background check is performed? 14 Answers as of February 18, 2013

My daughter was arrested on 3/9/87 for stealing-Class C felony, SIS with 5-year probation and paid restitution. This was a first offense.

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Some states like New York do not have an expungment statute. Once you have a criminal record it will remain forever and never be removed. You can make a motion to vacate the conviction under CPL 440.10 if it was illegal, improper, or if there is new evidence of innocence, but that is rarely granted without proper grounds.
Answer Applies to: New York
Replied: 2/18/2013
The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
Your daughter should be eligible to have her record sealed or expunged if she has not requested a previous sealing of records.
Answer Applies to: Florida
Replied: 2/10/2013
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
She needs to seal her record.
Answer Applies to: Nevada
Replied: 2/7/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Only way to do it is to file a motion with the court to try and have the conviction expunged. This is not necessarily an easy task. The continued consequences of poor decision making.
Answer Applies to: Washington
Replied: 2/7/2013
Connell-Savela
Connell-Savela | Jason Savela
If it is a conviction, then it likely will always be on her record if it was a deferred sentence and she completed successfully, then she can petition to have it sealed from public view she could attempt to get a pardon by the governor, but that is tough each state has different rules on sealing and expungement - but in Colorado, most convictions cannot be sealed.
Answer Applies to: Colorado
Replied: 2/7/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If that was her first and only offense, she can apply to have the conviction set aside or expunged. Consult with an attorney that does expungements for more information.
    Answer Applies to: Michigan
    Replied: 2/7/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    If the final disposition of your daughter's case was for a felony, then she will always have that on her criminal background for any background checks. New York State does not permit expungement of criminal convictions, so unless or until New York State changes the law, then her felony conviction will always appear on background checks.
    Answer Applies to: New York
    Replied: 2/7/2013
    Hamblin Law Office | Sally Hamblin
    File for expungement if no further illegal activity. Highly suggested an attorney be retained to do so. There are many forms, proper filings, leg work that is required.
    Answer Applies to: Michigan
    Replied: 2/7/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    She will have to consult a lawyer in the State where this happened about getting the mater expunged.
    Answer Applies to: Michigan
    Replied: 2/7/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    She will have to hire an attorney to have the conviction set aside or expunged, and it should like she should qualify for that relief.
    Answer Applies to: Michigan
    Replied: 2/7/2013
    LeadfootSpeedingTicket.com
    LeadfootSpeedingTicket.com | Andrea Storey Rogers
    If she had an Suspended Imposition of Sentence and she successfully completed her probation without any violations, then no conviction would appear on a background check. If she violated probation, then a conviction for stealing would have been entered on her criminal record. Convictions for stealing can not be removed from a criminal record.
    Answer Applies to: Missouri
    Replied: 2/7/2013
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    An Suspended Imposition of Sentence is not a conviction and will show for the term of probation on checks. After the 5 year period, a file that a disposition of an SIS becomes a "closed" file and should not show.
    Answer Applies to: Missouri
    Replied: 2/7/2013
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    In Virginia, a criminal conviction is forever. If the charge was dismissed she might be able to expunge it, but there are exceptions.
    Answer Applies to: Virginia
    Replied: 2/7/2013
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