what kind of lawyer do i need to get a felony off your record

How do I remove a felony from my record in Florida?

Feb 09, 2021 · An criminal lawyer can assist you with a felony expungement. An experienced expungement lawyer can advise you on the process, assist with all steps and represent you during any court proceedings. You must file a petition with the court, follow procedural rules, present evidence to support the expungement request and possibly testify.

Do felony convictions go on your criminal record?

If you want to have your own criminal record expunged, an expungement lawyer is your best bet to have that criminal record out of sight and out of mind. Felony Expungment Article Sources/Cites: [1]http://www.ncsl.org/research/labor-and-employment/barriers-to-work-persons-with-criminal-records.aspx.

How can a lawyer help you expunge your criminal record?

Nov 22, 2016 · In Oklahoma, there are actually two ways to expunge your criminal record: You can seal your name from court records; You can erase your criminal history with the Oklahoma State Bureau of Investigation; Each approach has both pros and cons. In order to determine which is best for your particular case, we recommend hiring a criminal defense attorney. What is Felony …

Can I expunge my felony record?

If you are concerned about whether your criminal record may be used against you and feel that you might qualify for expungement, then it’s important to contact a lawyer to help you through the process. A good expungement lawyer can help you understand your …

What happens to expunged records?

Expunged records are destroyed by the state holding the records. [4] . No record exists after expungement in the eyes of the law because there is no actual record for anyone to read. The state will destroy all parts of an expunged record, from the mugshot to the sentencing.

How to lessen the impact of a criminal record?

In general, states offer three ways to lessen the impact of a criminal record: expungement, pardon, and sealing of records. While they can all help to lessen the damage a criminal record can do, they’re not the same things. An expungement is the destruction of a criminal record, as if it never existed.

What is a petition to get your record expunged?

The petition is simply a legal statement telling the court that you want to have your record expunged or sealed. It is very important that the petition be 100% accurate and correct to avoid issues and delays.

What happens when a misdemeanor is expunged?

When a Misdemeanor or felony conviction is expunged it is literally wiped from from existence and does not exist anymore. You will be able to legally state that you have never been convicted of any crime and nobody will ever know that you were ever convicted of anything.

What happens to people with criminal records?

Not only do the people with criminal records lose, society loses. These people can’t contribute to society to their fullest potential. They can’t find work, become licensed, or become educated in a field in which they can apply their skills and talents.

Why worry about an arrest that didn't lead to charges or conviction?

Why worry about an arrest that didn’t lead to charges or a conviction? Arrests are still part of a criminal record, and they show up on a background check. Whoever is doing the background check may not even care that it was simply an arrest, because just seeing an arrest on someone’s record may make the checker think that the person must have done something illegal in the past.

Is being a convicted felon a label?

Being a convicted felon or ex-offender is a label that most will have to live with for the rest of their lives, or so you may think. We all know the difficulty first hand that faces felons when finding a job , renting an apartment or applying for a loan. Wouldn’t it be nice if paying your debt to society was enough without having to have a criminal record follow? Well there is a solution for some felons, felony expungement and/or felony record sealing.

How to get a felony off your record?

Article Summary X. To remove a felony from your record, look into getting your record sealed or expunged. If you want to get your record sealed, which means it’s hidden from the general public but still exists, you'll have to wait at least a few years after your conviction.

How many states allow expungement of a felony?

Find out if expungement is available in the state where you were convicted. Expungement acts to dismiss the felony, almost as though it never happened. Only 16 states allow expungement of a conviction.

What questions can you ask a parole board?

The judge or parole board must decide if you’ve been successfully rehabilitated, so you may be asked questions about your education, home and family life, financial health, physical well-being, and employment. Police officers and district attorneys may attend your hearing to object to the expungement of your record.

What happens if you are pardoned?

If you are pardoned, the conviction will remain on your record. However, a notice will be added, stating that you’ve been pardoned (forgiven) for committing the crime.

How long do you have to wait to get your conviction expunged?

Make sure the required time has elapsed since your conviction. Depending on the state, you might have to wait several years after your conviction before you can file to have your record expunged. The length of time you have to wait can depend on several factors, including your age and the severity of the crime.

What happens if you have a felony on your record?

Having a felony on your record can cause serious problems even after you’ve served your sentence. Felons may have difficulty finding a job, renting an apartment or getting higher education. You may pay higher insurance premiums or higher interest on credit cards.

How long do you have to wait to get your record sealed in Massachusetts?

The waiting period may differ depending on the severity of your crime. For example, Massachusetts requires you to wait ten years before applying to have a felony record sealed, compared to five years for a misdemeanor conviction. Know when the waiting period starts.

What does expungement mean?

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. Every state manages your criminal record differently, so be sure you understand your state's policy.

How to get a discharge and dismissal form?

If your conviction was for drug possession, contact the clerk of the district court and request a Discharge and Dismissal form. 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.

What is a certificate of rehabilitation?

A certificate of rehabilitation is a court order stating that your criminal history is a thing of the past. However, unlike expungement, it will not erase the felony conviction and it will not allow you to state that you have no criminal record.

What to do if the court refuses to grant relief?

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.

What happens if you get pardoned?

3. Seek a pardon. If you are pardoned after being convicted of a crime, it means you have been forgiven for the crime you committed. However, unlike an expungement, a pardon still shows up on your criminal record, as does the conviction.

How to get proof of service?

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.

What happens when you get your record expunged?

Generally, when you get your record expunged, it will be as if the offense never happened. Records will be destroyed and not even a court order can retrieve them. However, when your record is sealed, the documents are still there, they are just harder to get.

What is expungement in criminal justice?

What is Expungement? Expungement is a process by which a person's criminal records are treated as if they no longer exist. Each state has different options and limits regarding expungement, but all states permit some form of expungement or record sealing for juvenile offenses.

What are the most likely crimes to be expunged?

Usually, less serious felonies like non-violent crimes (such as possession of drugs) are more likely to be eligible for expungement.

How to get a conviction expunged?

While each state may differ when it comes to the qualifications and requirements for expungement, eligibility for expungement will typically involve the following: 1 Application for expungement in writing with the court where the conviction happened; 2 The original sentence must be completed served and finished; and/or 3 The applicant is not facing any new or additional criminal charges.

What is the burden of expunging a sentence?

The burden is generally on the person applying for expungement to show that their probation or other requirements have been completed.

What does it mean when a criminal record is expunged?

When a criminal record is expunged, it is treated as if the charges never exist, and they are no longer associated at all with that person's criminal history. It generally means that the charges have "disappeared" from the court system.

What does it mean when a record is sealed?

On the other hand, record sealing means that the charges do still exist; however, the records cannot be accessed as the records are closed to the general public. This means that persons or parties such as employers cannot gain access to those records, even though they still technically exist in the system.

Can you expunge a juvenile record?

Generally, expungement is only available to those who have maintained a clean criminal record in the intervening years between.

How long do felons have to serve in prison?

Felons are also expected to be of service to the Jury and this is usually for seven years after conviction. A felon cannot own a firearm or use a gun after a conviction.

What to know about life after conviction?

Here are a few things you need to know regarding life after conviction. 1 Jobs. Employers may question potential employees about any crime convictions. This however is against the federal anti-discrimination law and it is in the hands of the felon whether they want to divulge such information or not.

What rights do felons lose?

Criminal Rights. When you are charged with a felony, certain privileges are restricted. The most vital privilege a felon loses is the right to vote. A felon also cannot run for public office or hold a position there. These rights are however restored after a stipulated time.

How many people are in prison for a felony?

When Does a Felony Fall Off Your Record? There are approximately 7 million people serving time in United States prisons and at least a couple of million that have already been released. A released felon faces certain consequences called collateral consequences.

What are the challenges of being a felon?

One of the major challenges for a released felon is finding a job. Most employers do not consider hiring a felon and this could get frustrating as the wait time would be longer than anticipated. In such scenarios, the smart thing would be to check out organizations that are open to hiring felons.

What to do when you are serving a sentence?

When you were serving your sentence, your family and friends also received backlash from society. It is important to apologize to them and let them know that such instances will not happen again. Meet your attorney and speak about expunging your record.

What to do after a conviction?

After your conviction, all you want to do is leave the past behind and move on. This will however take a while and it is important to know how friends and family can help. 1 Support System. Once you are back from prison, make sure you gather your family members, friends, and loved ones.

What is the difference between expungement and sealing off a record in Texas?

The basic difference is that one process destroys the record and the other makes it unavailable for viewing by anyone other than certain government officials.

How long after arrest can you get your felony convictions expunged?

You were arrested for a felony, but were never charged. Your felony charge was dismissed. In the first scenario, you must wait three years after the day of your arrest to file for expungement of the criminal record. If you have been pardoned for a felony crime by either the President of the United States or the Governor of Texas, ...

What are the consequences of a felony in Texas?

Felonies are serious crimes, such as robbery, rape and serious assaults resulting in great bodily harm. In Texas, you can have a felony record even if you haven't been convicted – the felony goes on your record once you have been charged.

What happens after a record is expunged?

After an expungement or sealing of the record through an order of non-disclosure, all your rights are restored. For example, you can legally answer "no" if you are asked if you have a criminal record. For all practical purposes, it is as if the felony charge never existed. In Texas, expungement and sealing off a record have similar processes ...

How to get a felony off your record in Texas?

You can get a felony off your record in Texas through expungement, which destroys the record, or through a related process, an order of non-disclosure, that seals the record so that it can no longer be accessed. Both processes are mandated in Chapter 55 of the Texas Code of Criminal Procedure.

How many pardons did Abbott issue?

In his first year in office, Texas Governor Abbott issued only four pardons, none of them for felonies.

What can a felony record do?

Having a felony record can make it very difficult to do the kinds of things most people take for granted: renting an apartment, obtaining a mortgage, joining the military or getting a job. It can also prevent you from adopting a child or obtaining child custody in a divorce and can even trigger deportation proceedings.

How long does it take to get a felony dropped?

The waiting period for a felony is 7 years, and that is from the time you completed probation, not from the date of the offense. To get a felony dropped to a misdemeanor, you have to do a 402 Reduction application. Once its dropped to a misdemeanor, that also changed the waiting period to anywhere from 3-5 years instead of 7.

How long can you get a conviction expunged in Michigan?

In Michigan after 5 years have gone by, if there are not other convictions, then you can petition the court to expunge the conviction. Out side of that it would involve getting a lawyer and asking the prosecutor to let your withdraw your plea.

Does California have an expungement law?

Regarding expungement: California does not have a true "expungement" law. Some states will actually take something off your record if an expungement is granted - not so in California. In California, we have what everybody calls an expungement - Penal Code section 1203.4.

Can you get a misdemeanor dropped?

If you have already plead, you can not get the charged dropped to a misdemeanor. However, you can petition the Court for an expungement after 5 years of completing your probation or sentence. This depends on the original charge as some criminal charges cannot be expunged. Report Abuse. Report Abuse.

Can a felony be reduced to a misdemeanor?

Not every felony can be reduced to a misdemeanor. It has to have language that makes it able to be prosecuted as either a felony or a misdemeanor. If it is on of those, then it can be reduced to a misdemeanor. Regarding expungement: California does not have a true "expungement" law.

Can a conviction be retroactively dismissed?

If granted, it will retroactively dismiss the conviction, but it still remains on your record. It just adds a notation that it was subsequently dismissed. You're going to have to sit down face to face with an attorney in the state where the conviction took place for more specific details and options. Report Abuse.