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Criminal Law. Scroll down for more categories. X Most Common Issues:. We've helped over 5 million people. Get Started. A felony expungement may be an option that would provide the fresh start that is necessary to fully move forward and leave a felony behind. Felony expungement is the legal process through which one can clear a felony from their criminal record.
The stigma that comes with a felony conviction is a real obstacle when trying to completely reintegrate back into society. Many state legislatures have recognized the hardships that former offenders continue to face for years after being convicted of a felony and most states have enacted laws that lessen the burden on these individuals by allowing the case to be cleared from their record through expungement.
Not everyone with a felony conviction will be eligible to clear his or her record; however, many states allow for the expungement of some felony offenses, especially if there is only one conviction on his or her criminal record. The easiest way to find out if you are eligible to expunge your felony is to take this free online expungement eligibility test.
The requirements that must be satisfied in order to have an offense expunged differ from state to state. However certain things, such as only having one arrest, successfully completing your sentence and showing signs of rehabilitation in the time since the conviction, will make the expungement more likely to be granted. In most states, very serious felony convictions, such as murder, manslaughter, rape, other sex crimes and crimes against minors, may never be eligible for an expungement.
Removing the felony from your record can provide countless benefits. If you have a felony conviction, you are probably already aware of the various ways your record is holding you back. A felony makes tasks like finding a job, going back to school, securing a loan, or purchasing a home seem like impossible undertakings.
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.
First, you will need to determine which forms you will need. If you are looking to expunge a misdemeanor charge and have successfully completed your probation, you need to file a Petition to Dismiss a Misdemeanor, PC If you have not yet successfully completed your probation, you will need to file a Motion to Terminate Probation.
The Petition for Dismissal is likely to be available at your courthouse. If the form is not available, you can write your own petition with the help of your attorney. If you are looking to expunge a felony, the felony must first be reduced to a misdemeanor.
This form is likely to be available at your courthouse. If the form is not available, you can draft your own with the help of your attorney. Once your felony has been reduced to a misdemeanor, you may file a Petition to Dismiss a Misdemeanor, PC Forms can be obtained at the court or downloaded from their website. Ask the court or your attorney if you will need to submit additional photocopies of the forms. You will be able to attach documents to the forms when you submit them to the court.
Documents such as character references and written proof of the completion of your community service can help to strengthen your petition.
For a complete list of crimes eligible for expungement please see this page. However, if the new conviction was for a minor traffic violation or for an action that is now no longer a crime, the new conviction will not prevent you from getting the PBJ expunged. You cannot file for expungement of any records if you currently have criminal proceedings pending against you.
If you are convicted of a crime during the waiting period, you are not eligible for expungement unless the subsequent conviction becomes eligible for expungement. If you were charged with more than one offense based on the same incident, transaction, or set of facts, you can only have records from that case expunged if ALL the charges from that incident are eligible for expungement.
For example, a person might be charged with three separate offenses based on the same incident. The person might be convicted of one of the three charges, and have the other two charges dropped. If the conviction is not expungeable, the person will not be able to expunge the records from the two charges that were dropped either.
The only exception to the Unit Rule is for minor traffic violations. No matter what happens with the minor traffic violation, even if you are convicted of it, it will not affect your ability to get the other related records expunged.
Read the law: Md.
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