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Criminal Expungement Questions

Expungement is the act of having a criminal conviction sealed, making the criminal record unavailable. This means the record will be removed or destroyed and will not be kept on file. In order to receive an expungement, one must petition the courts to have the criminal record expunged. Below are a few of the more commonly asked questions about expungement.

What are the steps to getting an expungement of a criminal charge in New York? How long can a civil lawsuit continue if there is no action after discovery?

New York State allows for sealing juvenile records youth offender dispositions, certain drug court dispositions acquittals and dismissals through operation of the law. However, NYS doesn't expunge felony convictions. You can try to have the criminal charge sealed at a later date if you petition the court. This type of process is seldom allowed but it is possible. You will need to hire an attorney to assist you and you will need the cooperation of the DA.

An option that you may consider is to apply for a Certificate of Relief from Civil Disabilities or a Certificate of Good Conduct. This will depend greatly on the severity of your felony conviction. What this will do for you is protect you from discrimination from possible employers based on your current arrest record. This is basically the same as a pardon but it will not seal your record. The certificate will show that you have changed your ways and are living an honest life free from criminal activity. To learn more about this topic, you can follow this link: http://www.legal-aid.org/selfhelp/employment/offender_certificates.html

If the defendant has a choice between a noll pros and a dismissal, which disposition should they try to obtain in the best hopes of trying to qualify for an expungement? I would like to secure the best disposition while I'm still in control (nolle pros vs. dismissal)

A first offense misdemeanor can be expunged in the state of Virginia. A nolle pros and an acquittal can also be removed. You should study the Expungement law of the state that you live in. You will require a pardon from the governor of Virginia in order to expunge anything else from your record. You can apply for an expungement or pardon without the assistance of an attorney. However, the chance that you will be granted one is very slim but since you are doing this yourself, it doesn't hurt to try. You could also ask for a simple pardon. While this type of pardon doesn't remove your criminal record, it is still an official forgiveness from the state of Virginia. While the simple pardon won't remove your record, it will make certain aspects of life easier through employment and housing applications.

Can I get an expungement of my record for felony auto theft? This occurred 32 years ago in the state of Montana?

A Montana court cannot expunge a criminal record without the proper authorization from legislature. As a rule, convictions cannot be expunged in Montana. However, you could contact the prosecutor in your case and request that they dismiss the case. It may be possible to seal your record if the prosecutor is willing to dismiss the case. Once your record has been sealed, it would require a court order to view it. To better your chances of having the record dismissed and sealed, you need to hire a criminal defense attorney to present the request to the prosecuting attorney.

In Texas, what would be the cost of Expungement of my class b felony or would it even matter. I would like to try and get a concealed handgun license, if not could my wife be able to get her a concealed handgun license living in the same house or riding in the same car with me?

Felony convictions cannot be expunged in the state of Texas. However, you can file a motion to have the guilty verdict dismissed. This would require an attorney which will probably cost around $1500. Another option would be to file for a pardon with your governor's office. This wouldn't require the assistance of an attorney.

As far as possessing a gun, you cannot. This also means that your wife cannot possess a gun in your home or vehicle. Felony convictions are not sealed in Texas, therefore a concealed handgun license or possession of a gun wouldn't help. The police have access to criminal records, even those records that that have been sealed.

If a conviction results in a felony, will the FBI have a copy of the record? If I get the Mo record expunged, will the FBI record also be expunged?

All criminal convictions will appear in your state and federal record. The FBI controls the national database. If your case was a state matter and not a federal one, you would have to get the record expunged in the state. After the crime has been expunged, the state will notify the FBI.

Expunging a criminal record requires some work and you should always seek the legal insight of an Expert in Criminal Law, based on an assessment of your individual circumstances.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2429
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
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5 Criminal Lawyers are Online Now

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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Expungement Questions

  • I am wondering if I can fight a charge one my record. I was

    I am wondering if I can fight a charge one my record. I was convicted of Possession of cocaine with intent to deliver" at the time I was broke and was given court appointed lawyer who didn't try to fight my charge down to only possession. I was in front of my house and had less then 4 grams on me and it was all in one bag. I feel that the system took advantage of my situation at the time bc they knew I didn't have money to fight the case and I was sentenced to prision. Now that I am financially stable I want to try to fight this bc it's affecting my job. I can't get into certain plants because of this and they had no evidence to prove what I had wasn't for personal use. I'm a farther of 3 and married for 9yrs. I have completely turned my life around and I have tried to put this behind me but this is continuing to haunt my life when I know I was wrongfully accused
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  • I have a felony conviction in Kansas that has been expunged.

    I have a felony conviction in Kansas that has been expunged. What are my gun rights in Colorado?
  • I was falsely accused of 3 counts of 2nd degree assault

    I was falsely accused of 3 counts of 2nd degree sexual assault of my 13 yr old daughter almost 7 yrs ago. I had problems with her previously told to me by my wife and mother. After the preliminary hearing I was in a car accident where I sustained a TBI, 6 broken ribs,a ruptured spleen and collapsed lung. Due to the accident my memory had been lost so I couldn't provide my lawyer with the information he needed. My wife had recollections of the days my daughter said something happened and my wife knew that I was with her so there are a lot of other details and no physical proof nothing happened. People that knew me and my situation knew it was a lie so my daughter didn't have to come by my house because her mother was on drugs, didn't care what she did and I put my foot down so my daughter was mad at me. So in terms of the case I went and saw a professional brain doctor and went thru 8hours of tests 2 times so I was declared incompetent for trial, but my issue is that they charged me but I was never convicted. So anytime someone does a background check on me the charge comes up, but Im not a sex offender or never did anything like that so its holding me back because I would like to go back to college since Im currently on disability, but with that on my record I would have a difficult time getting hired and its also caused problems for me trying to rent apartments. I put in at least 6 applications for disability apartments and I was turned down for every one. the only explanation was because of my police record and before this incident it had been at least 10 years of police contact and never for anything sexual. Im not a felon and I need help w this so I can move forward w my life. My name is ***** ***** and I live in West Allis,WI
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