How do you expunge a felony in a state that I don't live in?

Answer 1

The court where the conviction occurs continues to have jurisdiction of the case even after you complete your sentence; so your petition for expungement must go to the court where you were convicted. Keep in mind that expungement is not offered in all states. However, most states have a record clearing option whether it is called vacating a conviction, expungement, sealing or something else.

You can contact the county Public Defender for advice on clearing your record. However, if you are in a hurry, you may be better served by hiring an attorney. When dealing with an attorney out of state, especially over the internet, ask for their license number and look them up on their state bar's web site to make sure they are valid. Also, make sure the price they quote includes them going to court for you and paying filing fees.

Answer 2

To request an expungement: You must present a petition to the court setting forth good reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying your request. An expungement is not a pardon. Expungement only removes the record of your offense from publicly accessible records. Law enforcement and the courts will always have access to your 'real' record. For official purpopses your status will still remain that of a convicted felon and you are subject to any restrictions that status has upon you (e.g.- voting rights - gun possession - etc).

Answer 3

It doesn't matter whether you reside in the state that convicted you, or not, the procedure is the same. To request the expungement of an offense from your STATE (not Federal) criminal record: You must have either been exonerated, acquited, or served the complete term of your sentence - then file a petition/motion with the court setting forth good reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record. FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your request for expungement is granted and you are a resident of a state which completely or partially restores your "rights" (you will have to do research to learn if this applies to your state), you will still remain subject to any restrictions that your state laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). CAUTION: FEDERALLY CONVICTED FELONS: It remains a FEDERAL felony for a federally convicted felon to EVER own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm a mandatory minimum of fifteen (15) years in prison in some cases (Title 18 U.S.C. sec 924(e)(1). At this time federally convicted felons have no solution to their firearm disqualification. Congress has effectively suspended the review of federally convicted felons' petitions for restoration of their firearms privileges, by denying funding for the purpose.

Answer 4

To request the expungement of an offense from your STATE (not Federal) criminal record: You must have been exonerated, acquited, or served the complete term of your sentence - then file a petition/motion with the court setting forth valid reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record.

FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your expungement is granted you will still remain subject to whatever restrictions state and Federal Laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). UNLESS - you are a resident of a state which completely or partially restores your "privileges" (you will have to do your own search to learn if this applies to your state).

FEDERALLY CONVICTED FELONS: CAUTION: Regardless of what rights your state may restore, if you were convicted in FEDERAL Court of a FEDERAL FELONY - it is a felony offense for a federally convicted felon to EVER own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm a mandatory minimum of fifteen (15) years in prison, in some cases (Title 18 U.S.C. sec 924(e)(1). At this time FEDERALLY convicted felons have no solution to their firearm disqualification. By denying funding for the purpose, Congress has effectively eliminated the review of federally convicted felons' petitions for restoration of their firearms privileges.

Answer 5

Every state has a method of expunging an offense from your criminal history. But every state's procedures are different. It is not a task for most layman as it is a fairly complicated process and better handled by an attorney.

Answer 6

You don't. A felony stays on a criminal record forever.