How do I expunge a felony and will it be hard? 12 Answers as of April 20, 2015

If a 1st time offender is convicted of 2nd degree battery and is ordered to paid restitution to the victim, who decides if the defendant can get and expungement, the victim or the judge?

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Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
The judge makes the decision but the victim is given an opportunity to comment. In Minnesota the process involves bringing a petition and scheduling a hearing on the petition. The prosecuting authority represents the state. The prosecutor has the obligation to advise the victim of the petition and the hearing date. In Minnesota, if five years have elapsed since discharge from the sentence, and there has been no intervening legal problem, expungement is presumed appropriate.
Answer Applies to: Minnesota
Replied: 4/20/2015
The Rogers Law Firm
The Rogers Law Firm | Andrea Storey Rogers
That type of felony conviction can not be expunged.
Answer Applies to: Missouri
Replied: 4/20/2015
Law Office of Alexis Plunkett
Law Office of Alexis Plunkett | Alexis Plunkett
You cannot get your record expunged in Nevada but you can get it sealed, which makes the crime as if it never happened. Most felonies can be expunged after seven years, and it's the DA and judge who sign off on it, never the victim.
Answer Applies to: Nevada
Replied: 4/20/2015
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
Can't expunge conviction in Alabama.
Answer Applies to: Alabama
Replied: 4/20/2015
Law Firm of Martin & Wallentine
Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
The judge decides.
Answer Applies to: Kansas
Replied: 4/20/2015
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    The judge decides.
    Answer Applies to: California
    Replied: 4/20/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You are mixing two issues, restitution is part of your sentence, expungement is available 5 yrs after your sentence is completed if you qualify.
    Answer Applies to: Michigan
    Replied: 4/20/2015
    Gates' Law, PLLC | Thomas E. Gates
    The state statute on expungement of a felony is the first check. Not all felonies can be expunged. If permissible, you need to collect the information stated for the judge to determine if the offense is to be expunged. While one can do this on their own, it may be best to retain a law firm who specialize in this matter.
    Answer Applies to: Washington
    Replied: 4/20/2015
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    The statutes set forth the criteria you must meet. For instance, have no convictions 15 years from the time your category A or B felony case was closed. The victim has no say you file a petition to seal.
    Answer Applies to: Nevada
    Replied: 4/20/2015
    Jefferson and Biggs | Matthew Jefferson
    Hire a lawyer. And for more info on the process Google "Utah expungement act".
    Answer Applies to: Utah
    Replied: 4/20/2015
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    You can never expunge a felony.
    Answer Applies to: New York
    Replied: 4/20/2015
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