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Questions Related to Criminal Expungement Laws by Meghan Jones





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Questions Related to Criminal Expungement Laws by
Article Posted: 03/14/2013
Article Views: 127
Articles Written: 575
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Questions Related to Criminal Expungement Laws


 
Law
Expungement is an act of wiping out somebody’s past criminal records. In order to have the criminal record expunged, one must petition the court and consideration is rarely granted in cases related to violent felonies and sexual offenses. There is a difference between sealing of a record and its expungement. Sealing of a record means it would not accessible publicly/outside and expungement refers to the complete destruction of a criminal record. Mostly, first time misdemeanor charges and felonies of lesser degree qualify for it. Eligibility to petition varies from state to state. This article answers some of the frequently asked questions on expungement of criminal record and laws associated with it.

How do I get my felony conviction expunged in New York?

The New York state law does not allow this. You need to retain the services of a criminal lawyer who could assist you to petition the court to seal your felony conviction. You can also apply for a Certificate of Relief from Civil Disabilities or a Certificate of Good Conduct. Such certificates will protect you from being discriminated by potential employer on the ground of your criminal record. The court has the discretion either to grant you the above mentioned certificates depending on the severity of your felony charges.

What disposition should I try to obtain between a nolle prosequi and a dismissal in order to get my criminal record expunged in the state of Virginia?

You can get your criminal record expunged in the state of Virginia if you either obtain a nolle prosequi or a dismissal for the first case of a misdemeanor charge. In a felony charge, you still have to petition for pardon from the Governor of Virginia even if you get either a nolle prosequi or dismissal. If this does not work for you, you could apply for a simple pardon, but this would not help you to have your records expunged. It is an official forgiveness from the state which will help you to get a job or housing application.

How can I have my 32 year old felony conviction in an auto theft case expunged in the state of Montana?

You need to get in touch with the prosecutor and request him/her to drop the case against you as felony conviction records can not be expunged under Montana law. Once your case is dropped, you might be able to petition the court to seal it. You should retain the services of a criminal lawyer to represent your case.

How can I have my class b felony conviction record expunged in Texas to obtain a gun license? How much would the whole process cost me? Or else, can my wife possess a gun if at all my criminal record does not get expunged?

Texas would not allow you to have your felony conviction records expunged. You need to retain the services of a criminal lawyer which would cost you around $1500. He/she would help you to file a motion to have the guilty verdict dismissed. You can even file for a pardon in Texas. As far the gun license is concerned, neither you nor your wife would be able to possess it as felony conviction records are not sealed in Texas.

If I get my criminal record expunged in my state, will it also expunge the FBI record?

The FBI controls and maintains the entire national database pertaining to criminal records. If you manage to have your criminal record expunged in your state, the sate will have to notify the FBI about the same. However, the FBI has the authority to notify all criminal records if required.

If you have any doubts about rules and regulation pertaining to the expungement of criminal records, you should always ask a criminal lawyer who could assist you on this.

Related Articles - Expungement, felony expungement, how to expunge your record, an a felony be expunged, how to expunge a felony, what is expungement, how to expunge a,

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