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What legel steps can I take to expunge a felony conviction?

Expunging a felony conviction is a more involved process than it seems at first, but it is possible. Contrary to popular belief, conviction records are not "sealed" automatically with the passage of time, but require filing a petition with the court. Expunction laws vary by state, thus how, when and if you can expunge a felony will depend a great deal on the procedures available in your state.

How to Expunge a Felony: Qualifying

Your first step to expunge a felony is determining if your type of case even qualifies for it. If your prior felony conviction was for a lower level offense like theft or possession of controlled substance, you will have a better chance of expunging your records than if it was for a higher level type of offense, like aggravated assault or sexual assault.expunction may not be available for your felony conviction. The type of sentence that you received will also influence your qualification for expunction. If you were sentenced to pen time, many states will never allow you to successfully file to expunge a felony. If you received a probated or deferred sentence, you will have a better chance at expunging your criminal conviction.

Timing of Your Felony Expungment Petition

Your next step is to decide when you can file. Filing a petition for expunction before you qualify will only result in money wasted on a filing fee. Before you can expunge a criminal conviction, many states require that you wait until the statute of limitations has run on your sentence or a certain number of years have passed after your discharge from probation.

Petitioning to Expunge a Felony

After you have met the timing requirement, you should then file a petition for expunction. Most states will require you to send notice of your request to the original law enforcement agency, the district attorney’s office that handled your case, and the state agency that manages criminal histories for your state (like the Department of Public Safety). You should attach any required documents to your petition. After all the relevant parties have received your request to expunge your felony conviction, you should request a hearing with the court. If you don't, your case likely won’t be heard. You have the burden at the hearing of proving that you qualify to have your felony conviction expunged. The procedure to expunge a felony can take between three months to almost a year depending on the court and the severity of your case.

Getting Help

A criminal attorney in your area can help you walk through the requirements specific to your state and jurisdiction. Attorney's fees to expunge a felony are usually between $1,000 and $2,500, and is inclusive of all costs associated with your expunction including court appearances. They can also advise you as to alternatives to expunction. For example, if your felony conviction does not qualify to be expunged, you may still be able to obtain some relief by requesting a petition for non-disclosure. For law enforcement, your criminal conviction will still be on your record, but at least potential employers won’t have access to your felony conviction. The procedures are generally the same as those for expunging a felony conviction.