How do you get a criminal conviction expunged?

Answer 1

such action can be done by an attorney

Yes an attorney is trained to assist with getting your criminal Record expunged. But a search of the net will yield other options. In law a person can represent themselves "pro se" and get your record expunged. Most people under the false impression that your record may go away on it's on, but it doesn't.

Each state has different laws but in Texas your Texas Criminal Records can be expunged of sealed with the act of a judge at hearing. You have to state the law and file a petition. I have often heard 'only a fool represents himself'. Good advise. Lawyers cost, but they get the job done................

Answer 2

You absolutely can have your criminal record expunged if you meet your specific state's eligibility requirements. Requirements for record expungement vary from state to state, but I'm not aware of any state that bans expungement completely. When a record is expunged, it is physically destroyed. When a record is sealed, it is not destroyed but it is made unavailable to the public.

Answer 3

Your sentence must be successfully completed. File a petition with the court requesting that your record be expunged given good reason(s) that it should be granted. It is not an automatic thing. A judge will take your peition under consideration and render a decision either granting or denying your request.

Answer 4

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. If you are a convicted felon there are other factors that you must be aware of. It is suggested that you contact an attorney.

Answer 5

People with qualifying arrests and convictions may petition the court of the sentencing county to expunge or seal their records. Must be "eligible" for expungement and sealing. Expungement and sealing are ways to limit access to criminal records. You must go to the Clerk of the Circuit Court in the county where charges were brought against you to start the process. Ultimately, a judge decides if your criminal record can be expunged or sealed. The Clerk of the Circuit Court* will assist you in filing the necessary papers and paying the fees. *Willingness to help may vary depending on, primarily, on the size of the county. What's the difference between "expungement" and "sealing"? Expungement results in a record being destroyed. No record of arrest should exist.Sealing means the record is kept confidential and can only be reviewed for limited law enforcement and sentencing purposes. In Illinois, sealed criminal records are not released to employers. In a nutshell, criminal records can only be expunged if: * The charges against you were dismissed; or * You were found not guilty; * You received court supervision; or * You were sentenced to probation. And, You have not been arrested or criminally charged either before or after the charge(s) at issue. This is called the "eligibility rule". Sometimes there's a waiting period of 2 - 5 years. (if, for example, probation or supervision is involved.) In summary, expungement is available if you were never convicted, and sometimes in the context of court supervision, after the expiration of a set period of time . * Circuit Clerk's records are not ever destroyed and may be used, later, for certain purposes such as sentencing for a later offense or for law enforcement purposes. Can't expunge/seal records as to traffic violations! Also, records as to various other offenses may not be expunged… such as any offense or attempted offense that would subject a person to registration as a sex offender, DUI's, etc Generally, there is an opportunity to expunge criminal records in cases of: * Supervision (as to misdemeanors only, if you have no other misdemeanor or felony convictions, after a period of 2-5 years - depending on the type of offense involved; * Dismissal; * Findings of not guilty. Note: You can never expunge a DUI record unless the charge was dismissed for some reason or you were found not guilty. An eligible person must petition the court for records to be expunged or sealed. Without a petition, the records are permanently public!!

Answer 6

Not ALL crimes are expungable - only one offense can be expunged at a time (no 'blanket' expungment of your entire record) - you cannot usually receive more than one expungement in your lifetime.

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.

Answer 7

I have a misdemeanor sense of 1994 and I want to see how to get it Expunged I live in Illinois

Answer 8

In the United States getting a criminal record expunged is usually a state matter. There are 50 states in the Union. In this state probation and payroll can get you started.