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 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 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 your own esearch to learn if this applies to your state), you will still remain subject to whatever restrictions your state laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). 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 crime 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 eliminated the review of federally convicted felons' petitions for restoration of their firearms privileges, by denying funding for the purpose.
no
In theory, any criminal conviction can be expunged. Actually doing it is something else again. Courts are generally reluctant to expunge any record unless there is a clear showing that the original conviction was unjust, or a long period of good conduct has passed with no further criminal actions recorded. The more serious the violation/conviction, the longer one has to show good conduct and the more reluctant a court will be to expunge a conviction. Domestic violence is a serious offense, and courts are very reluctant to expunge these for any reason.
If it was a charge, but there was never a conviction, most states have some type of expunction. If you have a felony conviction, I'm sure all states are different, but where I am, a conviction is there forever.
It's almost impossible to expunge any felony conviction without a pardon. In fact, it is very difficult to expunge even a misdemeanor DUI.
After a felony conviction, you may never own, purchase, possess, or be granted access to firearms ever again.
There are several factors which must be considered to determine whether a conviction can be expunged. The date of conviction and the county are important. You should consult an attorney for legal advise and assistance.
It depends. Each state has their own policies for expunging convictions. If your assault conviction is related to family violence, it may be much harder to expunge than it would be if it were a regular assault conviction.
You cannot expunge an Indiana DUI/OWI conviction. Best chance is to hire a good attorney and Plea bargain for a lesser conviction. With a 1st offense it is possible.
You cannot expunge from your record any conviction that was received as an adult. In NC, 16 and older is an adult. If you were convicted of anything, it cannot be expunged. Only charges that were dismissed can be expunged. Your DUI will be on your record forever. Sorry.
You begin by filing a motion with the Clerk of the Court of the county in which you were convicted. For specific information see the below link:
Each case is considered on an individual basis.
yes you can