How do I get a drug felony expunged from my record? 49 Answers as of September 20, 2012

How do I get a drug felony expunged from my record? If that isn't possible, what can I do?

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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. 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.
Answer Applies to: Michigan
Replied: 11/11/2011
Levine & McHenry LLC
Levine & McHenry LLC | Matthew McHenry
Eligibility for expungement in Oregon depends on a number of factors, such as the length of time that has passed since your conviction, whether you have been convicted of anything since, and how serious the original conviction was.
Answer Applies to: Oregon
Replied: 10/21/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
As long as that is the only conviction of any kind on your record and it has been at least five years you can apply to have it set aside. Google for a packet on how to set aside a conviction or retain a lawyer that does expungements.
Answer Applies to: Michigan
Replied: 10/20/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Under Minnesota law, any charge resulting in a conviction cannot be statutorily expunged resulting in sealing both judicial and administrative records.
Answer Applies to: Minnesota
Replied: 10/18/2011
Harrison & Harrison
Harrison & Harrison | Samuel Harrison
The short answer is that in Georgia you can't get a criminal case expunged after you have been tried and found guilty or have pled guilty.
Answer Applies to: Georgia
Replied: 10/17/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    It is difficult in NY to expunge a conviction but you should hire an attorney to try.
    Answer Applies to: New York
    Replied: 10/17/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you served a sentence in the state prison system on a felony, you must apply to the Superior Court for a Certificate of Rehabilitation. To meet the requirements you must live in California for at least seven years after you complete your parole. After you receive a certificate of rehabilitation, certain rights are restored.
    Answer Applies to: California
    Replied: 10/17/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    There are very specific forms and information you must submit to the convicting court to request expungement of the conviction. You should consult with an attorney to see if your circumstances would qualify you for an expungement.
    Answer Applies to: Kansas
    Replied: 10/17/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    It depends on what the result of your case was, and what your actual charges were. If you are eligible, there is a process that includes obtaining a Certificate of Eligibility from the FDLE and petitioning the court.
    Answer Applies to: Florida
    Replied: 10/17/2011
    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: 10/17/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    It depends on whether or not you have had other charges, but it is usually seven years after probation ends to have a felony expunged. Go to the Utah Courts website and click on the link to Expunge Record, it will go through the steps you need to take.
    Answer Applies to: Utah
    Replied: 10/17/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If more than five years have passed since the conviction and all probation, etc. has been complied with, you would file a motion with the court asking for an expungement. The motion would have to comply with the applicable statute.
    Answer Applies to: Michigan
    Replied: 10/17/2011
    Law Office of Pashan Movasseghi, Esq.
    Law Office of Pashan Movasseghi, Esq. | Pashan Movasseghi, Esq.
    There is no expungement in New York. However, you may wish to consult with a local attorney regarding a certificate of relief from disabilities.
    Answer Applies to: New York
    Replied: 10/17/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    If you case was dismissed, you can request the State of Connecticut to expunge your record. If you have a conviction you must apply to the court for an expungement.
    Answer Applies to: Connecticut
    Replied: 10/17/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    I get this question 30 times a month. New York does not have an expungement statute. If the conviction was illegal or improper, or if there is new evidence of innocence, your attorney can make a 440.10 motion to vacate the conviction. Other than that rare and expensive motion, you will have to live with the conviction because it can never be removed.
    Answer Applies to: New York
    Replied: 10/17/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    The answer depends on what happened with the case. If it resulted in a plea, expunction is not allowed. Possibly there may be a non-disclosure. You should call to discuss with your attorney of my office.
    Answer Applies to: Texas
    Replied: 10/15/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    Doing an expungement is a very technical and time consuming process. You should hire a lawyer who has experience in doing expungements to handle it for you.
    Answer Applies to: New Jersey
    Replied: 10/14/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Depends is it your only conviction for anything? Is it over 5 years old? If so then go see an attorney about how to petition the court you were in front of to get it expunged.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I am sorry to be the one to tell you that there is no expungement in the State of New York. There is nothing you can do.
    Answer Applies to: New York
    Replied: 10/14/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    First, you should hire an attorney to file a 17(b) motion to reduce your felony to a misdemeanor. Only then can your 1203.4 motion (expungement) be granted which effectively withdraws your plea of guilty and enters a plea of not guilty. Your case will then be dismissed pursuant to 1203.4.
    Answer Applies to: California
    Replied: 10/14/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Google California Penal Code and look at Penal Code sec. 1203.4. Most court clerks have forms for this. You don't need a lawyer.
    Answer Applies to: California
    Replied: 10/14/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You should contact a local criminal defense attorney in your area. They will be able to quote you a rate for expungement packages and inform you about what specific charges are eligible for expungement in your jurisdiction.
    Answer Applies to: Louisiana
    Replied: 10/14/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I am not sure, based upon your inquiry. If you are not a resident of Washington state, I am not sure my advice is applicable. To expunge a felony record, the conviction CANNOT be for a crime of violence, ie., rape, assault, murder. Also if a firearm was used in the commission of the crime, this could also prevent expungment. Assuming the conviction is the type that is expungeable, there must be a minimum of 5 years times lapsed from the time that the Department Of Corrections release you from all obligations and during that period you can have no subsequent violations of the law in that court, or any other court within that state or any other state. You really need to consult with an attorney to see if you qualify.
    Answer Applies to: Washington
    Replied: 10/14/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The answer will depend in part on what drug felony and whether or not you went to prison. If you went to prison, the answer is nothing. To do? might look at a certificate of rehabilitation.
    Answer Applies to: California
    Replied: 10/14/2011
    bark & karpf
    bark & karpf | peter bark
    New York State, unlike some other states has no expungment law. Your only possibility is to apply for a Governor's Pardon, which is seldom granted, unless you are a big contributor to his election campaign.
    Answer Applies to: New York
    Replied: 10/14/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    Expungements are available for most C felonies and some B felonies. However there are different situations that may apply regarding obtaining the expungement. Each case is different. Please contact me at your earliest convenience to set up a consultation.
    Answer Applies to: Oregon
    Replied: 10/14/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If you were sentenced under Minn. Stat. Sec. 152.18, the statute provides for a guranteed expungement. You just need to file a petition in the county where it occurred. If it was not under that section, then an expungment is unlikely given current statutes and caselaw, but you can still attempt to do so by filing the petition and asking the court to use its "inherent authority" to grant it. You will want to show the steps you have taken toward rehabilitation, the lack of any other criminal behavior, the problems the charge has caused you, and that the benefit in granting the request outweighs the burden on the State in expunging the charge. If that fails, you may try to obtain a pardon through the Board of Pardons.
    Answer Applies to: Minnesota
    Replied: 10/14/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    One case in a lifetime can be sealed or expunged. A drug case can be sealed or expunged. We charge $750.00 to handle that application. Certain facts and circumstances have to apply to start this. So meet with an attorney to discuss your personal facts and circumstances. Were you adjudicated guilty or was there a withhold (is one factor).
    Answer Applies to: Florida
    Replied: 10/14/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You cannot get a conviction expunged. The only thing to do is educate yourself and try and procure meaningful work with the felony conviction. Good luck.
    Answer Applies to: Georgia
    Replied: 10/14/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    First, it depends on the charge and second, even if it can be expunged, there are time frames which must be satisfied before you can file your petition for expungement.
    Answer Applies to: New Jersey
    Replied: 10/14/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Hire an attorney. You can only get it expunged if it was not guilty, no billed or dismissed.
    Answer Applies to: Texas
    Replied: 10/14/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If you meet the prerequisites, you file a petition with the court where you were convicted and the court will Vacate and dismiss your felony case. The requirements include paying all fines and costs, completing probation and staying crime free to five or ten years after all probation is completed and fines paid. The period is five years for C felonies and ten years for B felonies. Once your felony is vacated and dismissed, you will be able to vote, hold public office and tell the world you have never been convicted of a felony. However, if you want to be able to own or possess firearms, you need to also file a petition to restore firearms rights. This can be done at the same time you petition the court to vacate and dismiss your case. There is a $300 filing fee for each petition and you can get the forms on line. In the alternative, you can hire an attorney to do all the above.
    Answer Applies to: Washington
    Replied: 10/14/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    It depends on which particular drug offense it was and which drug it was and how much much of the drug was involved.
    Answer Applies to: New Jersey
    Replied: 10/14/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Hire an attorney. It's a complicated process but NY now does allow for expungements.
    Answer Applies to: New York
    Replied: 10/14/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    New York does not have an expungement statute. However certain drug convictions can be expunged in very limited circumstances as part of certain drug treatment pleas.
    Answer Applies to: New York
    Replied: 10/14/2011
    Anderson Walsh PLLC
    Anderson Walsh PLLC | STACI LYNN ANDERSON
    You have to put a Motion before the court and meet the statutory requirements to expunge your record. You should contact a competent criminal defense attorney in your area to discuss the specific facts of your case and criminal history.
    Answer Applies to: Idaho
    Replied: 9/20/2012
    Law Office of Elizabeth B. Carpenter, Esq.
    Law Office of Elizabeth B. Carpenter, Esq. | Elizabeth B. Carpenter
    A first offense felony may be expunged under Article 893 of the Louisiana Code of Criminal Procedure. When a conviction is entered under Art. 893, the court defers the imposition of sentence and places the defendant on probation. If the defendant successfully completes the probation period, the court may set the conviction aside and dismiss the matter. The dismissal has the same effect as an acquittal - hence, the defendant may then file for an expungement. Something that you should know in advance is that expungements are not cheap.
    Answer Applies to: Louisiana
    Replied: 10/14/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    In Maryland, it is impossible to get a conviction expunged from your record. If you have a probation before judgment in the case, you can file a petition for expungment. If you are not sure what the status of your case is you should see a lawyer for assistance.
    Answer Applies to: Maryland
    Replied: 10/14/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    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: 10/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to hire an attorney to file a 17b motion to reduce the charge to a misdemeanor. Once granted, the attorney can procced to petition the court to expunge the misdemeanor. Contact an attorney about your eligibility.
    Answer Applies to: California
    Replied: 10/14/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no expungement law in the State of Alabama. There has been pending for some time an expungement bill in the Alabama legislature but it is yet to pass.
    Answer Applies to: Alabama
    Replied: 10/14/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    California doesn't have a true "expungement" law where it gets erased from your record. What we do have is a dismissal under Penal Code section 1203.4 if granted, that will allow you to withdraw your plea (or set aside a jury verdict of guilty) and dismiss the case. That allows you to tell most private employers that you have not been convicted of a crime. It still exists on your record, can be used as a prior conviction in the future and if the felony is a strike, it can still be alleged as a prior strike. If your felony was a "wobbler" - meaning it could be filed as a misdemeanor or a felony, you can also seek to have it reduced to a misdemeanor, then dismissed. A local criminal defense attorney can assist you with this for a reasonable fee.
    Answer Applies to: California
    Replied: 10/14/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    A felony case is not usually dismissed (popularly called an "expungement", though it is not one) by a defendant acting as their own attorney (in propria persona, or "in pro per"). You can hire an attorney to do it for you, and it should be cheap, or you can apply with the goodly offices of the Public Defender. In my main practice County, there is a filing fee of $60. If all your fines and fees are paid, you have met and complied with all of the terms and conditions of probation, there is no new case pending, and particularly if the term of probation has elapsed (or sometimes prior to that, on your request), then you will be granted relief pursuant to Penal Code section 1203.4 Contact an experienced, local Criminal Defense Attorney to do the job. Shop around. Caveat emptor.
    Answer Applies to: California
    Replied: 10/14/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    See RSA 651:5 regarding time frame for seeking annulments. The time really depends on the level of offense. If a special felony under 318-B there is a special time you must wait to seek an annulment. If you qualify fill out a petition to annul and pay the fees. If you screw up paperwork, you must wait 3 years.
    Answer Applies to: New Hampshire
    Replied: 10/14/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Felony drug convictions can be "annulled" 7 years from the conviction date.
    Answer Applies to: New Hampshire
    Replied: 10/14/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    You have to go back to the court and make a motion to vacate the conviction. You can do this 5 years after you complete your sentence if the conviction was for a Class C felony or 10 years after completing a sentence on a Class B felony.
    Answer Applies to: Washington
    Replied: 10/14/2011
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