You can file a motion with the court requesting either. 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.
Generally, expunged felonies should not appear on a standard preemployment background check conducted by Citibank or any other employer. However, the rules around expungement can vary by jurisdiction, and there may be exceptions in certain cases where the information is still accessible. It's best to consult with legal counsel for guidance on how an expungement may affect a background check in a specific situation.
The requirements and the ability to get a DWI/DUI conviction expunged depends on the jurisdiction in which you were convicted. Some states like Texas do not allow DWIs to be expunged or sealed. It is best to contact a lawyer to discuss your options.
It could. If you had a withhold of adjudication on the charge I suggest you have your charge sealed or expunged.
A conviction for felony larceny can prevent getting into many colleges and will show up in background checks for jobs. The teenage conviction can be sealed or expunged in some states.
In Massachusetts, a felony conviction will typically remain on your criminal record indefinitely. However, under certain circumstances, you may be eligible to have your felony conviction sealed or expunged after a certain period of time. It is recommended to consult with a criminal defense attorney for more information on your specific case.
It doesn't go away. You get a felony (or misdemeanor) conviction on your adult record, it's on there for life. Even juvenile convictions don't simply go away - the records just get sealed when you turn 18.
Yes it will. Expunged records are only sealed against access by the PUBLIC.
Check with a local lawyer to be sure.In general terms, a sealed record still is a record, just not accessible to the public. Usually, a restoration of gun rights requires that a record be expunged rather than sealed.Another View: In terms of being sealed or expunged it makes little difference. Such records, when sealed or expunged only render them unavailable to members of the general public.The courts, law enforcement, and government agencies always have access rights to these records. You would have to obtain a pardon from the governor of the state in order to qualify.
If convicted as an adult, forever or until either sealed, expunged or pardoned.
Yes, unless the record was sealed or expunged. Felony convictions remain on your record indefinitely.
You can have your record sealed, or your DUI expunged, but it doesn't always mean what you think it means in plain English. The law in Nevada requires 7 years for misdemeanor DUI, 15 years for felony DUI, before your record can be expunged.
In most instances, your record cannot be expunged. As a general rule it needs to be the only criminal conviction on your record and a significant amount of time to have passed, for misdemeanor DUI in Connecticut it is 3 years. Juvenile records can be sealed and expunged, different rules, but more or less the same process.