If you are required to register as a sex offender, an expungement will not relieve you of that requirement and your status as a registered sex offender will remain available to the public.
It may also be possible to have a felony reduced to a misdemeanor, which may restore your firearm rights. These alternative strategies will be discussed in more detail below. Not everyone who has been convicted of a felony or misdemeanor is eligible for a dismissal.
Additionally, there may be details of your case that change the circumstances of your filing process. Before you begin the process of actually filing for dismissal, you will want to become familiar with the details of your specific case and determine whether or not you think you are eligible to have your record expunged. Your attorney can assist you in following these steps:.
All of the relevant information needed should be included in the court papers you received at the time of your conviction. Additional copies of your records can be obtained from your attorney, your parole or probation officer, or the superior court where you were convicted. You may be charged a fee to obtain your records. The California State Dept. Keep in mind that it may take up to several weeks for ordered records and papers to arrive in the mail. Convictions of violations under some specific Penal Codes may affect your eligibility.
If you are unsure about your eligibility, consult your attorney. If you were never on probation or have successfully completed your probation, you are qualified for expungement.
If you are still on probation, you must have your probation terminated before you can apply for expungement. In order to have your probation terminated, you must petition the court.
Termination of probation is up to the discretion of the court. A hearing will be held consider the following issues:. If you have violated the terms of your probation, you may still apply for expungement and can still attend a hearing to determine whether your probation will be terminated.
Now that you understand what expungement is, what it can do for you, and whether or not you think you might be eligible, you are ready to take the necessary steps toward applying. Below is a list of the steps you will need to take in order to file:.
You are likely to have much greater success throughout the expungement process if you are represented by an attorney. A qualified attorney who is knowledgeable about California criminal law can assist you in completing all of the necessary requirements of your application. There is a difference between a felony arrest and a felony charge. A felony arrest occurs when an individual is placed in custody based on the belief that they committed a felony.
A felony charge means that an official legal proceeding was initiated against the individual. It is more likely a court will expunge a felony arrest than a felony charge. The only way to remove it is through expungement. There are usually state specific criteria that must be met prior to petitioning the court for an expungement.
The petition is typically filed in the same court the criminal case occurred. In most states, a felony that has been expunged is no longer a matter of public record. That means an individual is not required to report the charge or conviction on applications for employment, housing, public benefits, or education. Typically, if the potential employer performs a background check, the expunged felony will not show up.
There are, however, limitations to an expungement. For example, law enforcement agencies can still view expunged records. Both law enforcement and the courts may be allowed to consider expunged charges if they impact sentencing in a later criminal case. No, expungement and record sealing are different. If a criminal record is sealed , it still exists, it just cannot be accessed by employers and other individuals.
However, they may still be accessible via a court order. Expungement, however, results in the actual criminal charges and arrest files being erased as if they did not occur. It is important to note the following about expungement and record sealing:. As noted above, in most states, an individual must meet certain requirements in order to have a felony expunged. Depending on the jurisdiction, the criteria may include:. No, all felonies cannot be expunged. Most states will not expunge violent felonies, sex offenses and other serious crimes including weapons charges.
The level of relief that can be granted under the expungement laws of each state varies. Some states allow you to completely expunge or destroy criminal records, while other state laws may provide that only the conviction itself may be set aside or dismissed but the record of the arrest would remain.
Regardless of the level of relief provided, any steps you can take towards lessening the negative effects of a felony conviction can be hugely beneficial. You can find more felony expungement information specific to the state that you have your conviction in by choosing your state from our states page. They will first confirm you are eligible for expungement under the statute and then file any opposition to the petition that they deem appropriate.
The court will often schedule a hearing for the judge to hear from both sides and make a decision on the expungement request. Hiring an attorney to petition the court to have a felony cleared off of your record means that you can relax, with the knowledge that you have someone familiar with the process working to get you the maximum amount of relief.
Our firm has handled thousands of criminal record expungements. The first step is to find out if you are eligible under the current laws in your state, to do so please take our free online eligibility test. Didn't find the answer you were looking for? Check out our Free Expungement Information and Education page. We have more than 50 years of combined experience. Speaking to a lawyer or visiting a court self-help center or legal aid clinic can help you navigate your state's expungement laws and figure out what relief you might be eligible for in order to minimize the effect of a criminal record.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 Almost every state allows a person to expunge, seal, or limit public access to certain criminal records.
Expungement Terms and Laws State law defines which crimes are eligible for expungement and how the process works—so you need to look at the laws in the state where your record exists. Expungement Timeline Say you were convicted in for felony theft in Minnesota and sentenced to 12 months in jail and three years on probation.
Moving Toward Automatic Expungements In recent years, several states have passed laws to simplify the expungement process and allow more people to seal their criminal records. Zip Code. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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