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GAF LAW
GAF LAW, Lawyer
Category: Criminal Law
Satisfied Customers: 6
Experience:  Seven years practicing as a criminal defense atttorney.
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What is the procedure for having a felony charge expunged ...

Customer Question

What is the procedure for having a felony charge expunged from one's record? We would like to get the process started and need to know what avenues to follow.....who can help us best? Senators, representatives, lawyer, etc.?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  GAF LAW replied 6 years ago.

 

Different states have different procedures but for the most part it is a judicial process (needs to go through the courts) and therefore you would be best off by consulting a lawyer.

 

Before you can seal or expunge a criminal record you must qualify. If you were convicted / adjudicated guilty of the crime you were charged with you do not qualify. You must get a dismissal of the case or a withhold of adjudication. In Florida, for example, you can only expunge cases that were dismissed and; to seal a case you must have a withhold of adjudication.

Also, not all crimes can be sealed or expunged regardless of whether the case was dismissed or adjudication was withheld. More dangerous crimes such as murder, aggravated battery, sexual battery, etc., may not be sealed or expunged.

You can only seal or expunge once in your life so if you have done it in the past you do not qualify. If you do qualify you will need to sign an affidavit stating that you have never sealed or expunged your criminal record. You will also have to have your fingerprints taken. In Florida this process can take anywhere from 2-5 months.

Customer: replied 6 years ago.
This is in Minnesota......what are the laws in Minnesota as far as expungement? He did get sentenced to the crime of 1st degree criminal sexual conduct.....he was charged with 3rd degree, but the stateprosecutor found that the individual had take the victim to another state and could have pressed charges of kidnapping...so his lawyer settled for 1 count of 1st degree criminal conduct instead of 2 counts of 3rd degree.
He spent 6 months in the county workhouse, was released....is currently working as a concrete laborer, attending required sexual offender classes once per week and sees a probation officer in his home one other day of each week. There has to be a chance to get this removed from his record.....please advise...
Expert:  GAF LAW replied 6 years ago.

The fact that he was sentenced to jail time tells me he was convicted making it very difficult to get the case sealed regardless of the charge.

Also most sexual offense cannot be sealed or expunged regardless of case outcome. It does not seem like he will be able to seal or expunge the case but I would need to know the exact charge to give you a definite answer.

Customer: replied 6 years ago.
I mentioned the charge in the above message....1st degree criminal sexual conduct was what he was charged with. The lawyer suggested his best bet would be to plead guilty.
So, my son did and was charged with the crime a felony.....he admitted to digital penetration of a 15 year old girl. At the time he was a teacher....not her teacher, but one in the same school district......not same building.....
Will he always have that sexual predator label hanging over his head? There is nothing that can be done, even once he as successfully paid his debt to society. He has already been labeled as very little if any chance to re-offend.
It just doesn't seem fair.
Please advise.....last night I fell asleep waiting for response...sorry...so far your response has not provided any additional help. I guess I don't understand the law well enough...but I have been a teacher for 35 years and know 15 year old girls are NOT innocent. This girl was relentless in persuing my son. Even at the sentencing she told the judge that she seemed more like the adult than he did.
He had been suffering from depression, anxiety, loneliness and was ready to attempt suicide. We immediately got him into a mental health facility for treatment above fore-mentioned. He has did everything the state has asked of him....yet he will never be forgiven for his crime.
Expert:  GAF LAW replied 6 years ago.
The crime for which your son was convicted cannot be sealed or expunged in Minnesota.
Customer: replied 6 years ago.
So, that is it? Forget it....he will forever be a sexual predator...a deviate just as Level III sex offenders....things just don't seem fair on this one.....Thanks for you brief direct answer...If that is it I will pay and no longer bother you....gsolum
Expert:  GAF LAW replied 6 years ago.
It is no bother I understand that when you love and care for someone you want to find a way to help them. DUI is another crime that although a misdemeanor cannot be sealed or expunged in most states. Some blame politicians for passing these laws because they want to show they are tough on "crime" and "criminals".

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