How do you get a felony charge exonerated?

Answer 1

There is no such thing as getting a felony charge exonerated. You are either guilty or not guilty of the charge. If the charge gets dismissed or more acquitted of the charge, then you are exonerated of it.

That being said, you probably are asking how you can get a felony charge expunged or sealed from your records. This depends on whether or not you were adjudicated guilty. If this happens you can never have your charge expunged or sealed. If, on the other hand, your adjudication was withheld, and this is your only offense ever in your life, then you can have your record sealed. This would result in no one being able to see your record except certain government and law enforcement officials. A withholding of adjudication means that you accept a plea offer for probation (it cannot be accepted for incarceration or anything stronger than standard probation) but were not officially declared guilty of the offense.

If the charge was never brought to court for trial (case dismissed or Nolo Prossed (the judge or Prosecutor dropped the charges, respectively) and you did not enter a pretrial intervention program in exchange for this, then your case is eligible for expunction (absolute removal from your records), once again, if you have not been prosecuted for any other offense.

Finally, if you have been adjudicated guilty the best course of action for you is to petition for your rights to be restored once you have finished your sanction. In most states this is automatic. But an a handful of states, 14 to be exact, you must apply for your rights to be restored, and must wait for a period of time before being eligible to do this. Most states that do this will restore your civil rights except the right to own or possess a firearm, if you are eligible. For certain violent or drug offenses, you may not be eligible for at least 15 years.

You may also apply for a pardon, something very rarely given by the governor of most states. A full pardon gives you the full right of citizenship that would be given if you had not committed the offense in the first place. You will then be considered no longer a convicted felon. However, your felony record will still show. It should be noted that even if your civil rights have been restored, or even if you were granted a full pardon, a potential employer still has the right to make decisions on the basis of your criminal record, although in most cases they will overlook a felon who has been pardoned.