To request an expungement of your criminal record: You must have either been acquited or served the complete term of your sentence - then submit 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 the request. AN EXPUNGEMENT IS NOT A PARDON! Law enforcement, the courts, and government agencies will always have access to your complete 'actual' record. Expungement only removes the record of your offense from being viewed by the public. CONVICTED FELONS-CAUTION: If your request is granted - although your particular state MAY be one which has a program to restore some of your "rights" to you (you will have to do research to see if your state of residence applies), it remains a FEDERAL felony offense for a convicted felon to ever own or possess a firearm. The United States Code, in some cases, makes the penalty for illegal possession of a firearm a mandatory minimum fifteen (15) years in prison. Title 18 U.S.C. sec 924(e)(1). NOTE: Those individuals convicted in FEDERAL court of FEDERAL felony offenses have no practical solution to their firearm disqualification problems at this time. There is a restoration process under federal law that is part of the Gun Control Act. Petitions for removal of the federal firearms restrictions are directed to the Attorney General of the United States pursuant to 18 U.S.C. § 925(c). The authority to review these petitions has been delegated by the Attorney General to the Director of the Bureau of Alcohol, Tobacco and Firearms (See 27 C.F.R. § 478.144). However, even though there is a federal statute and a regulatory procedure for the processing of restoration petitions, Congress has continuously refused to appropriate the funds for The BATF to review such petitions. By denying this funding, Congress has, effectively, suspended the statutory grant of jurisdiction to the federal district courts to review convicted felons' applications for restoration of their firearms privileges.
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.
Some, but not all, felony offenses can be expunged IF you qualify.
See below link:
Yes, there are procedures in place for this.... if you qualify.
Contrary to popular opinion, not everyone can qualify. See the below link for more information:
How many misdemeanors can be expunged in the state of nc
No a misdemeanor does not come off your record automatically after 7 years; you can file to have your criminal history sealed or expunged if you apply for this and are eligible.
You may purchase a gun regardless of whether a misdemeanor was a expunged or not. That is unless the Misdemeanor was for domestic violence. Anything Domestic Violence bars you from purchasing a firearm.
It can be expunged, but getting it expunged doesn't make it go away - it just limits who can see it.
yes.
how does the law work if i get 2 fenoly is downgraded to misdemeanor by da.
A criminal record is PERMANENT.
Can first time misdemeanor drug offense already convicted and served 6 months be expunged or sealed? Can first time misdemeanor drug offense already convicted and served 6 months be expunged or sealed? Can first time misdemeanor drug offense already convicted and served 6 months be expunged or sealed?
You would need to go to the county courthouse where you received the misdemeanor to request it be expunged.
Yes, a misdemeanor for shoplifting in CA will typically show up on a background check in CA. Misdemeanor convictions can appear on both standard and more thorough background checks conducted in the state.
You can apply to the court to have your record 'expunged' but it is by no means automatically granted.
Yes. The expungement request form is linked below.