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  #1  
Old 03-22-2015, 06:36 PM
MiamiFedDet MiamiFedDet is offline
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Default Felony Expungement

Going through the process of removing a felony is difficult - I've read that you should seek the counsel of a local attorney who knows local laws and can help you through this process.

Does anyone have any input?
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Old 03-22-2015, 08:09 PM
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I don't have any input but will follow this post as I want to learn more about it, too. My guy is still on probation, but I want to see if he can get his felonies expunged at some point. Hopefully, there will be some insightful answers.
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Old 03-22-2015, 11:10 PM
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Generally, that's the best. You can also hit some of the appellate defender websites and get information - there's stuff at least at the Illinois appellate defender website.

Check with the State bar, and your local bar as well. Cook County has an Expungement Clinic at least once a year where volunteer lawyers help all who come with their paperwork, and push it through. Volunteer judges then grant the expungements at the end of the day. Maybe other major cities and counties do the same thing - so I'd check.
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Old 03-23-2015, 08:47 PM
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YA I'd like to know more my self plan to follow and learn
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Old 03-24-2015, 06:52 AM
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In Florida you also have to get the record sealed after its expunged. Its a money game.
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Old 03-24-2015, 09:02 AM
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The only expungement for a federal crime has to come from the President. He recently said he is planning to use his pardon powers more frequently during his last two years in office.
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Old 03-24-2015, 08:40 PM
CenTexLyn CenTexLyn is offline
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What jurisdiction is the expunction being sought and what was the final expiration date on the sentence in the case?
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Old 03-25-2015, 06:11 AM
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Quote:
Originally Posted by CenTexLyn View Post
What jurisdiction is the expunction being sought and what was the final expiration date on the sentence in the case?
My son has some from 12/1998, 2002, etc really old stuff, I would think, he has to be home, correct, it's not something I can do for him is it, he's in now.
It's in Tulsa Okla, also he has a old PO from a young lady who has passed away years ago. And a PO from his babies momma who was trying to keep us at bay from his daughter(who we now have custody of) Osage county for this PO and the courts dismissed it, but it shows.
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Old 03-25-2015, 07:13 AM
CenTexLyn CenTexLyn is offline
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Originally Posted by mssirois2u View Post
My son has some from 12/1998, 2002, etc really old stuff, I would think, he has to be home, correct, it's not something I can do for him is it, he's in now.
It's in Tulsa Okla, also he has a old PO from a young lady who has passed away years ago. And a PO from his babies momma who was trying to keep us at bay from his daughter(who we now have custody of) Osage county for this PO and the courts dismissed it, but it shows.
The point was that EVERY jurisdiction has different requirements. Those can be found in the statutes for the jurisdiction...which are often viewable online.

Where there are multiple offenses, it can become infinitely more difficult to get a Court to agree to an expunction, if the offense even QUALIFIED for expunction. By example, here in Texas, a felony conviction is not getting expunged nor will there be a sealing that occurs.

The process itself is not overly difficult but IS a major time-suck because notice has to go out (in most places) to ANY place with records related to the case (which includes third-party records repositories if you want the Court to direct THEM to remove the record). Most offices I have been affiliated with do not get involved because there are too few people willing to pay the fee we would need to justify the amount of time spent.
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Old 03-25-2015, 09:46 AM
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Quote:
Originally Posted by CenTexLyn View Post
The point was that EVERY jurisdiction has different requirements. Those can be found in the statutes for the jurisdiction...which are often viewable online.

Where there are multiple offenses, it can become infinitely more difficult to get a Court to agree to an expunction, if the offense even QUALIFIED for expunction. By example, here in Texas, a felony conviction is not getting expunged nor will there be a sealing that occurs.

The process itself is not overly difficult but IS a major time-suck because notice has to go out (in most places) to ANY place with records related to the case (which includes third-party records repositories if you want the Court to direct THEM to remove the record). Most offices I have been affiliated with do not get involved because there are too few people willing to pay the fee we would need to justify the amount of time spent.
Same here. This is why initiatives like the one in Cook County are really good things. Similar sort of one day intensives have happened in counties where I've worked dealing with immigration (when there's been a change in law allowing illegals to stay legally), expungement, and similar huge time sucks, nobody can pay, but it's generally a good thing stuff.

I cannot think of a jurisdiction I've worked which will allow an expungement for a conviction while a person is incarcerated. Doesn't matter that the conduct occurred 20 years ago and the offense involved in the incarceration is completely different - you're on paper for anything or inside, you're not getting anything expunged. There may be places where this isn't true, but like CenTex said - you've gotta hit the statutes/law for your specific jurisdiction.
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Old 03-25-2015, 12:12 PM
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Absolutely check first, in Arizona only 6th degree felonies can be cleared ( I don't believe it's called expungement, another term is used)
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Old 03-25-2015, 12:33 PM
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Wow sounds like I had it easy. 7 months into a 5 year felony probation all I did was ask to be put on calendar and the judge appointed me a PD and the DA agreed to expunge my case after I finished paying my fine. So I was able to have my probation terminated and the whole thing expunged in 9 months.
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Old 03-31-2015, 05:12 PM
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Quote:
Originally Posted by CenTexLyn View Post
What jurisdiction is the expunction being sought and what was the final expiration date on the sentence in the case?


At present I think there is no jurisdiction yet do to the fact that there is no federal expungement, so that will come in and after the process
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Old 03-31-2015, 06:41 PM
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Originally Posted by MiamiFedDet View Post
At present I think there is no jurisdiction yet do to the fact that there is no federal expungement, so that will come in and after the process
If the case is still pending in ANY capacity, then there will be no expunction regardless of WHO made the arrest. And as to post-sentence expiry relief, I am unaware of the feds being willing to allow an expunction effort to go unopposed. Even in the States that allow for a Petition for Expunction on arrests that are eligible, one can often expect opposition from the State...
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Old 05-31-2015, 05:15 PM
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My boyfriend was told his charges were expunged, moved to another state where he applied for a gun permit, which he got, he never put the charges on the application bcuz they were supposed to be exponged. After he got approved for the gun permit naturally he pur chased a couple guns. The police ended up doing an investigation on him bcuz the "believed" he was a felon in possesion of a firearm, what made them "believe" this in another state? The way he looked? His race? They did a month long investigation (after giving him a gun permit) before they "turned up" them charges that were supposed to be expunged and raided his home. He was just found guilty of being a felon in possesion of a firearm and sentenced to 7-11years. My question is, when a record is expunged, does it apply to every state or can another state hold them charges against you? The fact they ran a check on his name and nothing came up, they issued him the permit, then turned around and gave him prison time makes NO sense to me or to him. This is his first time going to prison or being in this sort of predicament and I can't find any other cases like it. Hoping someone might know something about it.
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Old 05-31-2015, 05:35 PM
CenTexLyn CenTexLyn is offline
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Being told is NOT the same as having a certified, signed copy of the Order that expunges the conviction AND restores ALL rights.

Further, some jurisdictions will remove the record for the viewing by the general public (ie. employment purposes) but it is not a true expunction in that the conviction remains a conviction for the purposes of criminal justice and law enforcement needs...
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Old 07-02-2016, 09:39 PM
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WOW, and even left the state, so the previous state went after him. I have read cases where people here in Ohio get their record expunged misdemeanors and get firearms back. one was an attorney, and another case I kept copy out of lawbooks.

But be careful regarding attorneys, some will tell you that you are elligible yet you are NOT, take your money, then tell you they are sorry at court when denied. This is why you should research the statute.

Also you can ask attorneys if there is such thing as a judicial expungment, which is through case laws, and not a statute. see what they say.

next go to clerk of courts or call and ask how much to file for your self. Ohio is $50, even probation departments in big cities might have a person to help with expungments too. some do. Technically all should have someone.
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Old 07-02-2016, 09:52 PM
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Well he lost in appeal, they acknowledged that it was supposed to be expunged but said it wasnt entrapment because he didn't in "good faith" give all "RELEVANT HISTORICAL FACTS". It's BS! The whole thing is just BS! If you call the ATF they tell you NOT to list them & law in most states also States you don't HAVE to list them they are expunged! He got a raw deal. All I can say to people that apply for fire arms permits after expungement is be SURE every step of expungement has been made, list the charges & that they have been expunged if you move to a different state or be very sure of their laws, every state can be different. What lead my man to prison was mistake after mistake but NOT just on his part & I feel the state should have took their mistakes into consideration during the whole trial and esp during sentencing. It's very sad...
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Old 07-02-2016, 09:52 PM
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Even if you have a felony expunged that does not mean you have your rights restored. In some places you can never legally own a gun.
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Old 07-02-2016, 09:57 PM
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Even if you have a felony expunged that does not mean you have your rights restored. In some places you can never legally own a gun.

Well the state he lived in his rights were supposed to be retored, he moved to a different state and didn't know how different it was. When he applied for the permits more than once, he got them, so he assumed everything was legal.
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Old 07-02-2016, 10:09 PM
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Well the state he lived in his rights were supposed to be retored, he moved to a different state and didn't know how different it was. When he applied for the permits more than once, he got them, so he assumed everything was legal.
I'm sorry but your misunderstanding what I said. I get that he did everything supposedly the legal way. What he didn't do was disclose his record if he had he never would have gotten a permit. Getting a record expunged does not mean you can falsify an application for a gun permit. Like I said some rights like getting a gun can never be restored whether or not his record was expunged.
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Old 08-01-2016, 09:37 PM
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I know this is an old thread but I thought I would just add the following. A federal felony conviction CAN ONLY be expunged under rare circumstances. For all intents and purposes, it does not happen. I've only read about it happening in a case where the convictions were very old and they were unduly burdening the person in gaining employment. Other than that, I don't think I've ever heard of it happening.

A presidential pardon is a forgiveness of the crime, but it is NOT an expungement. Your record is still very much there.

However, as part of federal pretrial diversion, if a defendant successfully completes the program and is NOT arrested at any point during the probationary period, that record IS deleted from NCIC after three years. For all intents and purposes, that is an expungement. The only thing remaining on that person's record would be an arrest. The dismissal would not even be present in NCIC.
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Old 06-19-2017, 09:12 PM
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Quote:
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I'm sorry but your misunderstanding what I said. I get that he did everything supposedly the legal way. What he didn't do was disclose his record if he had he never would have gotten a permit. Getting a record expunged does not mean you can falsify an application for a gun permit. Like I said some rights like getting a gun can never be restored whether or not his record was expunged.

This is old, but yes I had misread your post now that I look back. I wouldn't say he falsified anything though, it was his understanding that he didn't have to disclose that information, which we know now some states it's different. Some say not to put it. But the whole thing is he was wrong about the expungement all together and the process was never finished so when they ran his name for that permit rather he put it or not his charges should have come up and he NEVER should have been issued the permits, that to me is the States fault. They had all the info they nedded, his name, address, social which is even OPTIONAL, and still they didn't find anything and issued him NUMEROUS gun permits. Rather he disclosed the convictions or not I still believe it's the States fault, they should have found that without them convictions and it tells me anyone can get gun permits in that state. Either way he's stuck in prison now for 7-11 years because of a mistake, not only on his part but the state.. But hey once a felon always a felon right, who is veryone going to believe & listen to?
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Old 06-19-2017, 09:15 PM
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Quote:
Originally Posted by CenTexLyn View Post
Being told is NOT the same as having a certified, signed copy of the Order that expunges the conviction AND restores ALL rights.

Further, some jurisdictions will remove the record for the viewing by the general public (ie. employment purposes) but it is not a true expunction in that the conviction remains a conviction for the purposes of criminal justice and law enforcement needs...

Yeah, we found that out the hard way.
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Old 10-06-2017, 03:56 AM
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Default Felony Expungement Answer

Quote:
Originally Posted by MiamiFedDet View Post
Going through the process of removing a felony is difficult - I've read that you should seek the counsel of a local attorney who knows local laws and can help you through this process.

Does anyone have any input?
It isn't that difficult. You can obtain a form online along with the proper petition and Order and submit to the Judge for his signature. This needs to be sent to the governor and make sure the expungement includes removing your name from the State . Depending on which state you live in, the address to obtain these forms will differ. Contact your local Circuit Clerk for the legal aid website in your state
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