How to Get a Felony Criminal Record Expunged
You may be able to get a felony offense removed from your record. A felony offense usually carries a punishment of one year or more in jail. The ability to expunge your felony varies from state to state, but the basic requirements are similar throughout the country. Felonyguide.com is a helpful web site. You can also contact your local district attorney's office.
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Instructions
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Seek an experienced attorney specializing in felony expungement to help you navigate your state's process. Choosing a lawyer not experienced in this area may cost you a chance to clear your record.
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Educate yourself on your state's definitions and requirements. Some states use "expunge" to mean destroying the record and "sealing" to mean hiding the record from the public. Some states use these terms interchangeably; other states use terms such as "expunction" or "removal." Know exactly what you are asking for.
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Meet your state's requirements for expungement before applying so you don't waste your time. First find out the waiting period between conviction and requesting to expunge. Do not apply if you have a current criminal incident or investigation, or if you are still on probation. Find out how many priors you can have before expungement is no longer an option. The courts really want to see proof that you are rehabilitated.
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Get the proper paperwork from your attorney. Work with her to fill it out correctly. Some states also require consent from the prosecutor's office. Your lawyer can work to obtain this for you.
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Tips & Warnings
There are some offenses that do not qualify for expungement. In most states these include murder and any offense that requires you register as a sexual offender.
Expungement does not erase a criminal record in all states. You may still need to disclose your criminal conviction in some situations. Also remember that if you have expunged a felony and then get convicted of a new crime, expungement may be used against you to increase your sentence.
References
- Photo Credit crime examination (investigation) image by stassad from Fotolia.com
