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Federal Prison Info & Self Surrendering Information about Federal Prisons and Self-Surrendering to the BOP.

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  #1  
Old 05-26-2005, 07:43 PM
MDL5388 MDL5388 is offline
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Default Does a Federal Felony Ever come off your record

For a First time offender, does a felony ever come off your record?
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Old 05-26-2005, 07:46 PM
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I can say that I have NEVER known of a felony coming off your record ... unless in the case of a juvenile.... sometimes they will be given the chance to have it esponged...(sp?) But for an adult even if its a first time offender case the chances of it coming off your record are very slim!!!

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Old 05-26-2005, 07:50 PM
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Thank you, I was just told that by a FBI agent..but you know..They told me 5 years it would be off?? Just another perk!
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Old 05-26-2005, 08:18 PM
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Forgive me if I am wrong, but I believe that after 7 years you can petition to have your record expunged. Again, if I am wrong, I apologize. I have heard this from a few people
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Old 05-26-2005, 09:19 PM
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Nothing to forgive but you have been told incorrect information. There is a Probation before Judgement plea in Federal Court, where the record can be expunged after the sentence is completed without incident, but I haven't heard of anyone getting it since the Clinton years. I have been in Fl the past few years where the recently resigned US Attorney never granted it (and I know of many attorneys who desperately tried to get this plea), but other districts may be more amenable to allowing the sentence.

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Forgive me if I am wrong, but I believe that after 7 years you can petition to have your record expunged. Again, if I am wrong, I apologize. I have heard this from a few people
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Old 05-26-2005, 10:07 PM
valentine65 valentine65 is offline
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Actually, you can get your record expunged after 5 yrs as long as no other convictions have been made. Only one prison term is allowed. If someone has been in prison more than once expungement isn't allowed. Only 12 states allow crimal records to be expunged. MI, PA, RI, FL are the only 4 I can remember. I found the info online for my boyfriend, but since this is his second time in prison, he isn't able to do it.
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Old 05-26-2005, 10:19 PM
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Felony Convictions with State Prison Sentences
Felony convictions, where probation is not granted, and a term in state prison is imposed, presents an entirely different situation. In those cases, the only relief available is a Certificate of Rehabilitation and Pardon, or Direct Application for Governor's Pardon.


Ok that is what I was going by and I found this again when I was checking out felony convictions and expungements!!


Here is the link to their website so you can check it out also - hope this helps. Basically in cases where state time has been done for the conviction there is no expungement only a pardon and certificate of rehabilitation.


http://www.1800duilaws.com/article/f...xpungement.asp


Pretty good site for law information.

Kelly
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Old 05-27-2005, 12:08 AM
GottheTshirt GottheTshirt is offline
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Default You are from Georgia....

As you are from Georgia, you should be told that if you plea under the First Offenders Act, then your conviction will be expunged after the probation is up.

I will tell you from experience that this is the prosecutor's ultimate trick bag. Whatever time you plea to (say, ten years probation) will automatically be converted to a ten year sentence if you get violated.

If this is concerning a federal crime, then you should know that there is no expungement possible, except through executive clemency.
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Old 05-27-2005, 12:13 AM
GottheTshirt GottheTshirt is offline
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Default Oops...

Sorry, almost forgot, in Georgia the Governor cannot pardon you. This is left to the parole board. There are several different kinds of pardons, some will expunge your record, some won't (they just get you released).
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Old 05-27-2005, 06:56 AM
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What about a plea done in Mississippi? He did a federal plea, drug charges, then a state plea, simple assault on police officer. On the state charge he did what was called a "best interest plea", the lawyer told my son he could get 15 yrs for this if he lost in trial. He is innocent of this charge, but there are a lot of innocent people in prison. It would have been his word against the deputy. AFTER my son signed the plea the sheriff fired this cop for lying to him!! About a month too late!!!
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Old 05-30-2005, 08:05 PM
MDL5388 MDL5388 is offline
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Thank You So Much For The Help!!
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Old 05-31-2005, 12:19 AM
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If you are sentenced in federal court, it doesn't matter what state you are in, it is all under the federal guidelines and state laws don't matter. While I don't really have a solid answer regarding the federal practices on this, I have not heard of anyone getting them. I don't think the feds are so kind when it comes to wiping your record.
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Old 05-31-2005, 01:43 PM
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For Federal crimes of any kind, the ONLY way for it to be taken off yuor record is for the President to parden you.

BUT (there is always a but), because the Fair Credit and Reporting Act only allows background and credit check to go back 7 years, so after that time it won't come up anymore, or it shouldn't otherwise it's illegal. This is of course only when it comes to like jobs doing background screening and such. Law enforcement (lol) can still see it forever.

DO NOT believe what the FBI or Probation Dept may tell you about having your record cleared. It's all just a bunch of BS to make you want to cooperate. They told my family the same line of crap while doing the presentence report on me, and made my Mom all excited thinking I'd be cleared in a few years.

So nice how the fed lie, cheat and steal to stop crimes. Talk about an oxy-moron. I hate those bastards...
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  #14  
Old 05-31-2005, 05:17 PM
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Quote:
Originally Posted by bronc
because the Fair Credit and Reporting Act only allows background and credit check to go back 7 years, so after that time it won't come up anymore, or it shouldn't otherwise it's illegal. This is of course only when it comes to like jobs doing background screening and such. Law enforcement (lol) can still see it forever.
Sorry, but that's incorrect. (FYI, it's the "Fair Credit Reporting Act," there's no "and.")

Here's the full text of the Act:
http://www.ftc.gov/os/statutes/fcra.htm

Negative *credit* items reported will drop off after 7 years (excluding bankruptcy, which lingers for a decade). As far as I know, there's no such drop-off for criminal convictions.

Edit: Arrest records drop off after 7 years; 15 U.S.C. § 1681c(a)(2).

Convictions expressly do not; 15 U.S.C. § 1681c(a)(5).

Last edited by Strasse; 05-31-2005 at 05:21 PM..
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  #15  
Old 05-31-2005, 08:40 PM
bronc bronc is offline
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Maybe it's a California law that applies to that act then. When we did background checks here (california), we were not allowed to get any information dated past 7 years, including criminal history. I've looked at it myself, and I could have sworn it was under that act.

Oh ya, thanks for being the grammer police.
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Old 05-31-2005, 11:08 PM
Strasse Strasse is offline
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Quote:
Originally Posted by bronc
Maybe it's a California law that applies to that act then. When we did background checks here (california), we were not allowed to get any information dated past 7 years, including criminal history. I've looked at it myself, and I could have sworn it was under that act.

Oh ya, thanks for being the grammer police.
Hmm. I'm in California, and a criminal matter over a decade old turned up in my employment background check (fortunately I'd disclosed it . I actually just CALI'd (highest grade in the class) Information Privacy Law, and didn't encounter any such CA law -- might have just been a policy implemented by the place you were working for?

BTW, I think you mean grammar police.

(I guess I'm a lawyer now -- or at least a J.D. holder. Anyway, us lawyers are supposed to be pedantic. )
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Old 07-13-2009, 11:27 PM
Ben is jamin123 Ben is jamin123 is offline
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Quote:
Originally Posted by Niightdrmr View Post
I can say that I have NEVER known of a felony coming off your record ... unless in the case of a juvenile.... sometimes they will be given the chance to have it esponged...(sp?) But for an adult even if its a first time offender case the chances of it coming off your record are very slim!!!

Kelly
Heyy,

Im ben..

Im a juvenile and i have a feloney and i want to know if a feloney
will come off my recored.

And i have a myspace so you should add me if you have one.
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  #18  
Old 07-14-2009, 12:00 PM
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Ben, I think once you are either 18 or 21 you can petition the court to have your record sealed. I'm no lawyer but when I was a kid I got into a lot of trouble and I got mine sealed. Although the trouble I got into was at the county level. Not sure if that makes a difference.
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Old 07-31-2009, 04:36 AM
rchmng rchmng is offline
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At sentencing the judge told me that a conviction in this court (federal) can be used to enhance any crime committed in the future. Since most felonies cannot be expunged, unless granted a presidential pardon. The enhancement factor ends after 15 years or so, so they can't move you over on the Criminal History rows of the Sentencing Table, however the Probation office usually has a say in the ultimate sentence in the PSI, and they take all factors into consideration to give someone as much time as possible.
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