The legal term is called expungement. Many people think they can not get an expungement or otherwise clear their record. The fact is most of the people you talk to including and especially the majority of attorneys have no experience in this area of the law for clearing up records. The fact is that this specialty of law has been ignored. Anyone that wants to clear the record and is eligible to do so can and has a constitutional right to have the record cleared with few exceptions.
Top 10 frequently asked questions about expungement.
1. I committed one crime in my life and was convicted of a felony for embezzlement. I served one week in jail and was ordered to pay a K restitution. I have been on probation for 3 years now. Do I have a chance to remove my felony charge from my record?
Nearly every conviction can be expunged with a few exceptions such as child molesters, crimes while serving in government positions, treason and others. Each person's case is different and must be analyzed and understood.
2. How soon after a conviction can an expungement be applied for?
Depends again on the facts. Some expungements may be started the day after the end of the legal proceedings.
3. I got busted for bad checks. Would an expungement apply?
A federal or state expungement may apply depending on the quantity. One expungement can free you of both records.
4. I was told that the president is the only one who can remove a felony charge from your record. Is this true?
No. Presidents give pardons and pardons do not erase the legal record. Expungement must still be applied for and it is a process that goes through the court.
5. How much does an expungement cost?
Under certain circumstances it costs nothing to remove a felony charge from your record and other times there may be a court fee. When an attorney is used you can expect anywhere from a free representation to thousands of dollars.
6. I was arrested (illegally) in Long Beach, CA in July of 1967 for possession of less than one ounce of marijuana. Because my basic civil rights were violated, the charges were dismissed at my arraignment. I will be applying for a governmental job soon and do not wish to put this arrest on my job application. Do I need to have this arrest expunged? Absolutely, even dismissed cases have resulting arrest records that must be expunged!
7. I am trying to join the military service. If I expunge my criminal record will they let me join?
Expungements almost always clear all obstacles that they presented by way of the record itself.
8. I have already been turned down for trying to remove a felony from my record. Is there anything I can do?
Absolutely. There is an approach that is almost always overlooked even by the best attorneys which is to file a civil rights action.
9. I am a non US citizen. Can I get an expungement and can that prevent me from being deported?
Yes. Non citizens can get expungements and must do so. An expungement can help prevent you from being deported for certain crimes.
10. Am I allowed to get expungement on my own?
In a perfect world we can all afford an attorney. The reality is most can not. Everyone has the right to act on their own behalf. You can determine if it is something you should do or secure the help of a legal professional. It depends on the facts of your case.
The states are overworked and have not paid attention to this area if the law. You must bring to their attention that you have a right to be free from the ongoing punishment of a legal record that does not need to exist. You can and must help yourself.
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