If you have been convicted of a felony, that conviction is probably a matter of public record and visible to anyone who searches for it. You may be able to have your criminal record expunged and this will remove or alter the conviction in the court's records. Expungement legally permits you to answer "no" when asked whether you have been convicted of a crime when applying for a private sector job or to rent a home. Note, however, that expungement policies are different in each state and that felonies are much more difficult to expunge than misdemeanors.
Steps
Part 1
Part 1 of 3:
Understanding Expungement
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Know what expungement does. Expungement is a process by which you hide an arrest or conviction from your record, which means you will not have to disclose it to potential employers, landlords, or others. [1] X Research source Every state manages your criminal record differently, so be sure you understand your state's policy.
- In Michigan, if you qualify for expungement, your conviction will not be available to the public. [2] X Research source
- In California, an expungement acts as a dismissal. [3] X Research source www.pubdef.ocgov.com/newleaf.htm#8 Therefore, the conviction will still be available to the public, but your record will reflect the fact that your conviction was dismissed. [4] X Research source www.pubdef.ocgov.com/newleaf.htm#8
- In most states, expungement will not relieve your duty to file as a sex offender. For example, in California, even if a felony sex crime is expunged, you will still be required to register as a sex offender.
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Think about having your record sealed. Sealing your criminal record is different from expunging your criminal record. Generally, when you get your record expunged, it will be as if the offense never happened. [5] X Research source Records will be destroyed and not even a court order can retrieve them. [6] X Research source However, when your record is sealed, the documents are still there, they are just harder to get. [7] X Research source Usually, in order to access sealed records, you will need a court order. [8] X Research sourceAdvertisement
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Seek a pardon. If you are pardoned after being convicted of a crime, it means you have been forgiven for the crime you committed. [11] X Research source However, unlike an expungement, a pardon still shows up on your criminal record, as does the conviction. [12] X Research source
- A pardon is considered an honor and is only available to those who have demonstrated exemplary behavior after their conviction. You should seek a pardon if expungement is not available and you are confident in the strides you have made toward rehabilitation. Being granted a pardon is extremely rare and is attained only by a small number of individuals. If pardoned, some of your rights may be reinstated. For example, in California, if you are pardoned from a sex crime, you will no longer have to register as a sex offender. [13] X Research source Cal. Pen. Code Sec. 290.5
- In order to be granted a pardon, your state's governor or the President of the United States will have to sign off on it.
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Consider a certificate of innocence. A certificate of innocence is more powerful than an expungement. [14] X Research source A certificate of innocence is a document stating that you were factually innocent of the offense you were charged or convicted of. [15] X Research source Therefore, it proves that a record should have never existed at all. [16] X Research source
- If you were acquitted of charges or found not guilty by a judge or jury, consider seeking a certificate of innocence instead of expungement.
- Every state has a different process for obtaining the certificate of innocence. For example, in Illinois, you have to petition the court and fill out a form. The form requires you to prove your innocence through any number of means (e.g., providing the court with a court order stating your innocence).
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Get a certificate of rehabilitation. A certificate of rehabilitation is a court order stating that your criminal history is a thing of the past. [17] X Research source However, unlike expungement, it will not erase the felony conviction and it will not allow you to state that you have no criminal record. [18] X Research source
- You should consider seeking a certificate of rehabilitation if expungement is not available. The certificate is a powerful statement to society evidencing your rehabilitated self. [19] X Research source
- To be granted a certificate of rehabilitation, you will have to petition the court and prove your rehabilitation efforts. [20] X Research source
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Part 2
Part 2 of 3:
Deciding to Petition for Expungement
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Understand the limits of expungements. Expungements are not as effective at hiding your convictions in some states as in others. In Michigan, you can have the court record removed from public inspection, but in California, you can only have the public record of the conviction changed to "dismissed." [21] X Research source [22] X Research source www.pubdef.ocgov.com/newleaf.htm#8 Additionally, an expunged conviction can still be used against you in certain circumstances, including:
- Future criminal charges. If you are charged with a crime again the in the future, the prosecutor will be able to see if you have a prior conviction that justifies a more serious charge. [23] X Research source
- Sentencing. If you are convicted of another crime in the future, the judge can look at your expunged record to see if you are still eligible for counseling or probation. An expunged felony may still be used against you as a "strike" if your state has a Three Strikes law. [24] X Research source
- Employment. If you apply to work for the government or in a sensitive profession such as law or medicine, your employer or licensing authority will still be able view your expunged record. [25] X Research source
- Court proceedings. If you are a witness in court, or if your prior conviction is relevant to a civil lawsuit, your expunged record might be introduced. [26] X Research source
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Verify that your conviction is eligible for expungement. Not every felony is eligible for expungement, and the types of felonies that are eligible differ from state to state. For example, in California, you cannot expunge a felony unless the prosecutor had discretion to charge the crime as a misdemeanor instead. [27] X Research source (Those types of charges are commonly known as "wobblers," because they could be charged either way.)
- You can find a comprehensive overview of expungement laws by state by visiting http://www.criminaldefenselawyer.com/topics/expungement-sealing-criminal-records .
- Drug-related and juvenile offenses are among the offenses most likely to be eligible for expungement. [28] X Research source Sexual offenses and offenses against children often cannot be expunged. [29] X Research source [30] X Research source
- An example of a wobbler in California is assault with a deadly weapon under Cal. Penal Code Section 245(a)(1), which carries a punishment of 2-4 years in prison, or jail for 1 year or less. Prosecutors and judges have discretion on how to charge that crime based on the circumstances. Stabbing someone with a knife is likely to earn a felony charge, while swinging a wine bottle at someone and missing is more likely to be charged as a misdemeanor. [31] X Research source
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Serve your probation, jail, or prison term. In most cases, you must complete probation or finish your term of incarceration before you become eligible to seek an expungement. [32] X Research source If the court imposed any fines, you must pay them as well. [33] X Research source If you are still on probation, you may be able to file a motion to terminate your probation early. [34] X Research source To file a motion, ask your court clerk what forms you need to fill out. You will need to demonstrate to the court in your papers and at the hearing that you are reformed at that your good behavior warrants an early termination of your probation.
- Note that in some states, you are ineligible for expungement if you served time in prison or were placed under the authority of the Department of Corrections. [35] X Research source
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Observe any waiting period. Many states require that a certain amount of time pass before you become eligible to petition for expungement. Some states impose a waiting period of 5-10 years. [36] X Research source Other states require that you wait until the statute of limitations on your offense expires. [37] X Research source The statute of limitations is the amount of time after which an offender cannot be prosecuted for a crime. For example, the statute of limitations for robbery in Illinois is three years after the offense was committed. [38] X Research source
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Consider having your record sealed instead. If you are not eligible to have your record expunged, you may be able to have it sealed. When a court “seals” a criminal record, access to the record is restricted, and it is no longer publicly available. [39] X Research source First, contact the law enforcement agency that arrested you and ask how you can petition the agency to seal your record. [40] X Research source If the agency refuses, contact the court clerk and ask what forms you must file to petition the court for relief.
- When you file your petition, the clerk will give you a hearing date and charge you a filing fee. If you cannot afford the fee, ask the clerk how you can submit a request for a fee waiver.
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Part 3
Part 3 of 3:
Petitioning the Court for an Expungement
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Fill out the necessary forms. Ask the court clerk what forms you need to file a petition to expunge a conviction from your criminal record. As you fill out the forms, you may need detailed information from your criminal record, including the case number, date of conviction, the code name and section number you were accused of violating, and the details of how and when you completed your sentence. [41] X Research source If you do not have this information, request your records from your attorney, probation officer, or the court clerk. Forms vary by state, but you may not need to fill out much more than a two page petition with information about your conviction and rehabilitation.
- Pay attention to any instructions that require you to attach other documents to your petition. For example, you may need to include documentation showing that you fulfilled the terms of your probation.
- In Florida, for example, you must get a certificate of eligibility form signed by the prosecutor, along with a copy of the disposition of the case and a set of fingerprints from a law enforcement agency.
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Write an application or letter requesting expungement for a federal record. If you were tried and convicted in federal court the judge has authority to expunge your conviction record. [42] X Research source If your conviction was for drug possession, contact the clerk of the district court and request a Discharge and Dismissal form. [43] X Research source If your conviction was for another type of crime, there is no form, and you will need to write and file an application with the district court, or write a letter to the judge. [44] X Research source
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File your forms. Make several copies of your paperwork and take them to the court clerk. The clerk will stamp the original and copies as "filed," keep the original, and return the copies to you. The clerk will contact you later with a hearing date. You will be required to pay a filing fee. If you cannot afford the fee, ask the clerk how to submit an application for a fee waiver.
- The clerk will not review your forms for you or help you complete them, but if your forms are not completed properly, the clerk may not accept them.
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Give notice of your petition. The prosecution has the right to oppose your petition in court. For this reason, you must give notice law enforcement, the district attorney's office, or the Department of Public Safety, depending upon the rules in your jurisdiction. [45] X Research source You may be able to simply send a copy of the petition to the agency. Ask the court clerk what agency you need to serve.
- Typically, you cannot be the one to serve the agency yourself, even if you are mailing the forms to the agency. Have a professional process server, the sheriff's department, or someone who is over 18 and not involved in your case deliver or mail the forms for you.
- You will need to file a proof of service form that verifies that the agency was served. Get a proof of service form from the court clerk and have the person who served the agency fill it out. Then you must file the proof of service with the court clerk.
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Attend the hearing. At the hearing, the court will consider whether or not to grant your request to have your offense expunged from your record. Tell the judge why you want the conviction expunged from your record, such as applying for jobs or renting a home. The judge may ask you what you have done to change your ways and stay out of trouble.
- To prepare in advance, write out how your attitudes, beliefs, and lifestyle have changed since your conviction, and list the sources support (friends, family, work, and/or church) that have helped you make changes. Practice answering the question "Why do I deserve an expungement?" by making reference to these points.
- If the prosecuting agency objects to your expungement petition, the agency will have an opportunity to argue why it opposes your request. You will have an opportunity to respond. [46] X Research source For example, if the agency argues that you were recently released from jail and may commit another crime, tell the judge that you are committed to turning your life around, that you have a place to live and a new job, and that you are not in danger of becoming a repeat offender.
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Warnings
- This article is intended as legal information and does not provide legal advice. If you need legal advice, contact a licensed attorney.Thanks
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References
- ↑ http://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html
- ↑ http://www.michiganlegalhelp.org/self-help-tools/expungement/i-have-adult-criminal-conviction-i-would-set-aside-expunge
- ↑ www.pubdef.ocgov.com/newleaf.htm#8
- ↑ www.pubdef.ocgov.com/newleaf.htm#8
- ↑ http://www.clearupmyrecord.com/expungement-vs-sealing-criminal-records.php
- ↑ http://www.clearupmyrecord.com/expungement-vs-sealing-criminal-records.php
- ↑ http://www.clearupmyrecord.com/expungement-vs-sealing-criminal-records.php
- ↑ http://www.clearupmyrecord.com/expungement-vs-sealing-criminal-records.php
- ↑ http://www.clearupmyrecord.com/expungement-vs-sealing-criminal-records.php
- ↑ http://www.clearupmyrecord.com/expungement-vs-sealing-criminal-records.php
- ↑ http://www.dmv.org/criminal-record/record-expungement.php
- ↑ http://www.dmv.org/criminal-record/record-expungement.php
- ↑ Cal. Pen. Code Sec. 290.5
- ↑ http://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html
- ↑ http://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html
- ↑ http://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html
- ↑ http://www.shouselaw.com/certificates-of-rehabilitation.html
- ↑ http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CRIMINALFORMS/PKT016.PDF
- ↑ http://www.shouselaw.com/certificates-of-rehabilitation.html
- ↑ http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CRIMINALFORMS/PKT016.PDF
- ↑ http://www.michiganlegalhelp.org/self-help-tools/expungement/i-have-adult-criminal-conviction-i-would-set-aside-expunge
- ↑ www.pubdef.ocgov.com/newleaf.htm#8
- ↑ http://www.criminaldefenselawyer.com/resources/the-limits-expunging-your-criminal-record.htm
- ↑ http://www.criminaldefenselawyer.com/resources/the-limits-expunging-your-criminal-record.htm
- ↑ http://www.criminaldefenselawyer.com/resources/the-limits-expunging-your-criminal-record.htm
- ↑ http://www.criminaldefenselawyer.com/resources/the-limits-expunging-your-criminal-record.htm
- ↑ http://saclaw.org/wp-content/uploads/sbs-expunging-criminal-records.pdf
- ↑ http://www.nolo.com/legal-encyclopedia/expungement-of-criminal-records-basics-32641.html
- ↑ http://saclaw.org/wp-content/uploads/sbs-expunging-criminal-records.pdf
- ↑ http://www.legalmatch.com/law-library/article/how-to-get-a-felony-expunged.html
- ↑ http://www.nolo.com/legal-encyclopedia/what-wobbler.html
- ↑ http://www.legalmatch.com/law-library/article/how-to-get-a-felony-expunged.html
- ↑ http://www.legalmatch.com/law-library/article/how-to-get-a-felony-expunged.html
- ↑ http://saclaw.org/wp-content/uploads/sbs-expunging-criminal-records.pdf
- ↑ http://saclaw.org/wp-content/uploads/sbs-expunging-criminal-records.pdf
- ↑ http://www.legalmatch.com/law-library/article/how-to-get-a-felony-expunged.html
- ↑ http://criminal-law.freeadvice.com/criminal-law/criminal-law/felony_convictions.htm
- ↑ http://research.lawyers.com/illinois/illinois-statutes-of-limitations.html
- ↑ http://www.dmv.org/criminal-record/record-expungement.php
- ↑ https://www.marincourt.org/PDF/cr031.pdf
- ↑ http://www.courts.ca.gov/1070.htm
- ↑ http://www.criminaldefenselawyer.com/resources/sealing-a-federal-adult-criminal-record.htm
- ↑ http://www.criminaldefenselawyer.com/resources/dismissing-or-%E2%80%9Csealing%E2%80%9D-a-federal-record-drug-possess
- ↑ http://www.criminaldefenselawyer.com/resources/sealing-a-federal-adult-criminal-record.htm
- ↑ http://criminal-law.freeadvice.com/criminal-law/criminal-law/felony_convictions.htm
- ↑ http://www.mncourts.gov/Help-Topics/Criminal-Expungement.aspx#The_Court_Hearing
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