Is it possible to get two old felony convictions expunged? 40 Answers as of January 12, 2011

They were felonies that had to do with possession. The charges were about 5 years ago and I completed everything. Can only certain kinds of felonies be expunged?

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Greco Law Office
Greco Law Office | Dominic Greco
There are a lot of options that are dependent on the circumstances of this case. I would need a lot more detailed information to give you advice. Please feel free to contact me and I would gladly help you with this matter.

Thank you for your time.
Answer Applies to: Michigan
Replied: 1/12/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
In the State of Oregon, only convictions for "C" felonies can be expunged, and there are certain "C" felonies which are classified as "sex crimes" which cannot be expunged.

Typically, you must wait ten (10) years to file for expunction of a felony in Oregon. There may be special circumstances pertaining to your case, so please consult an attorney in your area.
Answer Applies to: Oregon
Replied: 12/28/2010
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Both Felonies and Misdemeanors can be expunged, as well as diversions. They need to meet time requirements and need to be filed in the same court the conviction was made. There are some crimes that have 3 years to wait after the case is closed, some have 5 years, and some can not be expunged. The more serious the charge, the longer time to wait. Each State has there own expungement statutes, so it may be you need to consult an attorney that practices where the criminal conviction took place.
Answer Applies to: Kansas
Replied: 12/23/2010
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
I practice in Oregon and here not all felonies are expungeable so it would depend on what the conviction was for. Also in this state, there is a ten year waiting period if you have more than one simultaneous conviction or more than one in the ten years preceding or following the conviction you would like to have expunged. So, in Oregon at least, it may be possible but you need to wait longer than 5 years.
Answer Applies to: Oregon
Replied: 12/20/2010
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
In Alabama, at the present time, there is no provision for an expungement. An expungement bill along with a non-disclosure bill has been pending in the Alabama Legislature for some time but has not passed.
Answer Applies to: Alabama
Replied: 12/19/2010
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    No, it is not possible to get old felony convictions expunged like this.
    Answer Applies to: Ohio
    Replied: 12/18/2010
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    No. First of all, you likely mean set aside. No convictions in Nebraska can be expunged; only dismissals can be expunged from your criminal record. An expungement is when an entry of arrest is removed from your record after charges are dismissed or completion of a diversion program.

    The only options for removing a felony conviction are either a set aside or pardon, and neither completely "removes" the conviction. Set asides are much more common than pardons; however you are only eligible if your did not serve any jail time as part of your sentence from the Court. Pardons must be given by the Governor's office. Feel free to contact my office if you would like to discuss things further.

    It does not always make sense to go through the process; it really depends on your specific situation.
    Answer Applies to: Nebraska
    Replied: 12/17/2010
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    That is a very broad question. It depends on the crimes. I would need more facts to fully evaluate your particular concerns and goals.

    Should you have any questions, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 12/17/2010
    Jackson White, PC
    Jackson White, PC | Jeremy Geigle
    Criminal expungement in Arizona is available for offenses committed as a juvenile with some limiting conditions. To have a crime expunged or set aside in Arizona, you must at a minimum successfully complete probation. If you were an adult at the time the offense was committed, you will need to file a motion with the court to have the crime(s) set aside or removed from your record. An experienced Arizona criminal defense attorney can help with this process. In addition to requesting that the court set aside your record you can request that other rights be restored as well including the right to vote and to possess a firearm.
    Answer Applies to: Arizona
    Replied: 12/13/2010
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Nebraska does not have a provision to expunge felonies. Happy to talk with you about a set-aside, but you would not qualify for an expungement.
    Answer Applies to: Nebraska
    Replied: 12/10/2010
    Rice & Co., LPA
    Rice & Co., LPA | Kollin Rice
    In order to qualify for sealing of your criminal conviction (commonly called "expungement") you must be a first offender. First offender generally means only one conviction, however, there is some discretion on the part of the court when the convictions are related and close in time.

    "If the applicant applies as a first offender pursuant to division (A)(1) of this section and has two or three convictions that result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time, in making its determination under this division, the court initially shall determine whether it is not in the public interest for the two or three convictions to be counted as one conviction. If the court determines that it is not in the public interest for the two or three convictions to be counted as one conviction, the court shall determine that the applicant is not a first offender; if the court does not make that determination, the court shall determine that the offender is a first offender." R.C. 2953.32(C)(1)(a)

    If your two convictions resulted from the same event, they would probably be counted as one. If they otherwise meet the above definition, it would be a matter of the court's discretion.

    If you have other misdemeanor convictions, these may also be an impediment to expungement, and there are also some charges that cannot be expunged by law.
    Answer Applies to: Ohio
    Replied: 12/10/2010
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The question that has to be asked is why you are seeking the expungement and where your record is coming up.

    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 adminstrative records.

    Administrative agencies generally are the plces 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 statutory expungement is not possible.
    Answer Applies to: Minnesota
    Replied: 12/10/2010
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    The key to being able to get any criminal convictions expunged is whether or not they adjudicated you guilty of those crimes. If adjudication is withheld and you can provide the Court with a good reason why you need the record expunged, it can be done. The key is not necessarily the charge against you, it is whether or not you were adjudicated guilty of the crime. If you don't know, you can usually look it up on the Court's website to find out. If you need help with this matter, please contact me to schedule an appointment.
    Answer Applies to: Florida
    Replied: 12/9/2010
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    This is a very common question. It is difficult to have a conviction "vacated"...you cannot have it "expunged", that implies that it will be removed entirely from the computers. You may be able to have it vacated and this will remove it as a conviction, but it will always be on the police computers as an arrest, only now it will indicate that it was vacated (dismissed). This is a CPL 440.10 motion and can be made any time after the conviction. You need to show there was something wrong, i.e. unconstitutional, no lawyer, improper allocution, etc.You can also get a certificate of relief of disability which will allow you to get jobs that you would not have been able to get. Call me for a free consultation
    Answer Applies to: New York
    Replied: 12/9/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The general rules and guidelines are: Records are forever, and priors may count as 'strikes' in future charges. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' 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' 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 and employment because of your conviction. If you are serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 12/9/2010
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Depending on exactly what your conviction was, 5 or 10 years must have passed since completion of all incarceration and probation to be eligible to vacate. There is no expungement in the State of Washington.. If its a simple possession charge, then 5 years is the time needed. If you are eligible and wish to pursue this, please contact me.
    Answer Applies to: Washington
    Replied: 12/9/2010
    Law Office of Cotter C. Conway
    Law Office of Cotter C. Conway | Cotter C. Conway
    It is not possible to have a felony conviction expunged in the State of Nevada. However, regarding felonies for possession of a controlled substance, a person may petition the court in which he was convicted for the sealing of all records relating to a conviction after 7 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later.
    Answer Applies to: Nevada
    Replied: 12/9/2010
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    All felonies are subject to being expunged. Sometimes you are entitled to such relief but occasionally it is discretionary with the court. It does not matter how old the convictions are. Expungements are not perfect solutions and even expunged felonies can be found in court records and have to disclosed on licensing and applications for public employment among other things. After getting a conviction expunged you can go further to seek a certificate of rehabilitation and then even a governor's pardon sometime though that is difficult to obtain.
    Answer Applies to: California
    Replied: 12/9/2010
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    The right to get prior convictions is expunged. However there are some limitations. An experienced attorney should be able to review your history and advise whether an expungement is viable in your circumstance.
    Answer Applies to: California
    Replied: 12/9/2010
    Law Offices of John J. Lutgens
    Law Offices of John J. Lutgens | John Lutgens
    Regarding your question on expungment of felonies. My criminal practice is limited to Washington State so I will address your question as to Washington State felony expungement. Yes felonies can be expunged and the time period is dependent upon the class of felony. Certain violent offenses are not eligible for expungement. However, drug convictions can be expunged in certain cases. The best advise I can give you is to contact an experienced criminal attorney who can then look at the specifics of your circumstances to more fully answer your question.
    Answer Applies to: Washington
    Replied: 12/9/2010
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    In limited circumstances felony convictions for possession of small amount of drugs can be sealed after 10 years from when the sentence ended. There are a number of criteria that need to be met, but it sounds like under any circumstances you have about five more years to wait.
    Answer Applies to: Colorado
    Replied: 12/9/2010
    Law Office of Daniel J. Larin
    Law Office of Daniel J. Larin | Daniel Larin
    No, you are not eligible for an expungement because you have more than one conviction. If you had only one conviction and it was not a "life offense" like murder or kidnapping you can get an expungement 5 years after your conviction or imprisonment.
    Answer Applies to: Michigan
    Replied: 12/9/2010
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We at The Goolsby Law Firm, LLC do not handle expungements, but recommend you contact criminal lawyers in your community. Good luck!
    Answer Applies to: Georgia
    Replied: 12/9/2010
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You have file a petition with the court which has jurisdiction over the conviction. You have to have a basis for the expungement which is found in the statute. It is hard to comment on the likelihood of success without knowing more information.
    Answer Applies to: Pennsylvania
    Replied: 12/9/2010
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    In Tennessee if you were on Diversion the convictions can be expunged.

    If you were not on a Diversion program then it is difficult to get them expunged.
    Answer Applies to: Tennessee
    Replied: 12/9/2010
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    It is possible though difficult in most situations.
    Answer Applies to: Massachusetts
    Replied: 12/9/2010
    The Law Office of Matt A. Stockdale, PLLC
    The Law Office of Matt A. Stockdale, PLLC | Matt A. Stockdale
    Felony convictions cannot be expunged.
    Answer Applies to: North Carolina
    Replied: 12/9/2010
    Law Office of Raymond J. Dague, PLLC
    Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
    You cannot get them expunged, but you can get a certificate of release from disabilities which restores all of your civil rights resulting from the convictions. A pardon from the governor is really all that you can do to completely wipe out the convictions.
    Answer Applies to: New York
    Replied: 12/9/2010
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    If you were on probation for the felonies, and you completed probation, you can get them expunged.
    Answer Applies to: California
    Replied: 12/8/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Any felony can be expunged - see Penal Code Section 1203.4. However, certain felonies are what are known as wobblers. That is certain drug charges (and lots of other crimes) can be charged as either a felony or misdemeanor. If they charged a felony at the end of probation if you have not picked up any new charges you can get the felony changed to a misdemeanor under P.C. 17(b) and THEN expunge it. Then you can truthfully say you have never been convicted of a felony as the 17(b) makes it a misdemeanor from the date of conviction If you know what felonies you were charged with you can look them up in the Health and Safety Code. If the punishment says "up to one year in the county jail, or 2,3,4 in prison" you have a wobbler. If it just talks about prison time and no mention of county jail this is a pure felony and cannot be reduced to a misdemeanor. If you Google California Codes you will find the Penal Code and the Health and Safety Code there.
    Answer Applies to: California
    Replied: 12/8/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    There are certain felonies that can not get expunged. Call me to speak about your charges in more detail and I can let you know if it's something that is possible or not.
    Answer Applies to: California
    Replied: 12/8/2010
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, in Virginia neither felonies nor misdemeanors can be expunged unless the defendant can prove he was wrongfully convicted and has received a pardon from the governor.
    Answer Applies to: Virginia
    Replied: 12/8/2010
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Unfortunately, the answer is no. In Michigan you can only get one felony expunged. If you have more than one conviction on your record then you are not able to get an expungement. Sorry to be the bearer of bad news. If there is any other way we can be of assistance please let us know. We can be reached at (517) 614-1983. Best of everything.
    Answer Applies to: Michigan
    Replied: 12/8/2010
    Law Offices of Philip P. De Luca
    Law Offices of Philip P. De Luca | Philip De Luca
    You can get the old possession felonies expunged so long as you did not serve time in State Prison.

    If you are eligible, I can provide you with legal services to have your felonies expunged. Please do not hesitate contacting me.
    Answer Applies to: California
    Replied: 12/8/2010
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    NO. No felony convictions can be expunged. The only hope with a felony conviction is a pardon from the governor. Felony convictions will go with you to the grave.
    Answer Applies to: Georgia
    Replied: 12/8/2010
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    Yes it is usually possible to have felonies expunged, you might also want to consider reducing them to misdemeanors if possible as well. There are some statutes that are prohibited under the statute of being expunged. That is something we can discuss at a free consultation, you can call my office to schedule one. If you have some real life style improvements of the past 5 years it is usually worth trying.
    Answer Applies to: California
    Replied: 12/8/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    As long as you are no longer on parole, you can hire an attorney to do a 17b motion to reduce the charge to a misdemeanor. Then, once granted, you can petition to have the misdemeanor expunged.
    Answer Applies to: California
    Replied: 12/8/2010
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Yes- providing you complete everything you were supposed to do. Basically the felonies get reduced to a misdemeanor and the misdemeanor is expunged. This is done by motion to the court and paying a filing fee.
    Answer Applies to: California
    Replied: 12/8/2010
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