Have a felony & need advice on gettin it removed from record

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partygirl29

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Mar 11, 2010
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I live in the united states and i have a felony that i got back in 2002...it is for accessory to credit card fraud....ive never been in any other leagl trouble at all. I am having some major problems gettin jobs because of this...i was wondering if there is any way at all that it could prossibly be removed from my record...
 
is your felony considered reducible? your lawyer, judge, PO should of told you if it was or wasn't. For example i was originally going to court for 2 counts PC 211(strong armed robbery) which is not a reducible felony.
I took a plea bargain for 2 counts of grand theft, which my lawyer said i would be eligible to get reduced to petty theft, 16 months after my sentencing as long as there wasn't any conflicts.

so i guess it really kind of depends what kind of felony you have, reducible or not. I would contact your lawyer that you had in your case and ask them if your eligible to go back to court to ask the judge if you can get them reduced or expunged
 
Best way to find out is to contact the lawyer who originally represented you... if you didn't have representation then.... call a lawyer and get a free consultation to see if it may be expunged.
 
If you are convicted of a felony in the US, currently it is not legally possible to have it expunged from your criminal record, nor is it possible to have the record sealed.

If anyone wants to correct me on this, by all means do so.
 
^ You can get a pardon from the governor of the state in which you were convicted (if convicted in state court; what rights this restores depends on the state and the type of original offense), or a "full and unconditional" pardon from the President of the United States (applies to any type of conviction).

You can have the original conviction overturned in the original court.

Can anyone else post about other means to fix one's criminal record?
 
Why not sell something online or some kind of business? I have a record and i plan on running my own business... Fuck the record, i will be my own boss :)
 
NewLove said:
If you are convicted of a felony in the US, currently it is not legally possible to have it expunged from your criminal record, nor is it possible to have the record sealed.

If anyone wants to correct me on this, by all means do so.
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It depends on the crime. For example, speaking on federal crimes, possession with intent can never be filed for expungement, but federal possession that was committed before the age of 21 can have a possibility of expunge after you have successfully completed the supervised release period.
 
Same boat here but mine was armed robbery when i was 18...fucked my life up.Ive been denied in NJ to be cerified as a dental assistant ,a realtor and a couple jobs ..even a restruant. I lie and hope the dont do a backround check
 
I have had a felony narcotics poss. charge/conviction expunged I think it was called 1410 probation where upon completion I was able to get it expunged. My lawyer did cost about a grand, they make it hard for you to do it with out a lawyer, I would think. ha

Peace,
Seedless
 
It would depend on the state in question.

In my jurisdiction, there is a list of crimes that can't be sealed/expunged regardless of whether or not the person was adjudicated. There is also a provision in the statute barring anyone from sealing/expunction if they have ever been convicted of any other crime.

I was able to recently get a record sealed after having the original conviction vacated (upon which our client entered a plea of no contest and the judge withheld adjudication).
 
Anyone know if its easy to get a felony expunged that was dismissed.. I was never convicted of possession w/ intent and would like that charge expunged and the arrest record.
 
IMHO there is little possibility of getting this done without an attorney navigating through the system . i have tried .
 
If you have no other criminal record it shouldn't be much of a problem other than the expense. Call your state bar association's legal referral and get a list of criminal lawyers in your area who handle expungements. It is the expungement of your felony conviction that you are seeking. Once you get the list, call around and talk with some of the attorneys. Find one in whom you have confidence and who will work with you on cost (for your crime and with your record it really shouldn't cost more than a few thousand dollars). Good luck.
 
Convictions are expunged. Arrest records are forever. If you are willing to retain an attorney who is able to show that: 1) the record of your arrest and any charges against you is of insufficient probative value to law enforcement and other authorities in comparison to the prejudicial impact it is having upon your life, career, etc; and 2) that you are extremely unlikely to commit any similar or other illicit criminal act, then you might have a chance at having your arrest record sealed by a judge.

It is actually easier to expunge a felony. Of course the arrest records of all who are charged as minors in the US are supposedly "sealed". However, it has been my experience as an attorney that police, state and federal investigators are often able to access even records that have been sealed as well as, convictions that have been expunged.

Good luck.
 
play121 said:
Convictions are expunged. Arrest records are forever. If you are willing to retain an attorney who is able to show that: 1) the record of your arrest and any charges against you is of insufficient probative value to law enforcement and other authorities in comparison to the prejudicial impact it is having upon your life, career, etc; and 2) that you are extremely unlikely to commit any similar or other illicit criminal act, then you might have a chance at having your arrest record sealed by a judge.

It is actually easier to expunge a felony. Of course the arrest records of all who are charged as minors in the US are supposedly "sealed". However, it has been my experience as an attorney that police, state and federal investigators are often able to access even records that have been sealed as well as, convictions that have been expunged.

Good luck.
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You really need to specify a location where such a statement is true. In Florida, an Order to Expunge directs the arresting agency to destroy all records pertaining to the arrest and to leave a notation that they are in compliance with the Order. Sealing is quite similar, in that they are directed to seal the record and only unseal it upon order of the court.
 
I Thought it was clear...

forgotten said:
You really need to specify a location where such a statement is true. In Florida, an Order to Expunge directs the arresting agency to destroy all records pertaining to the arrest and to leave a notation that they are in compliance with the Order. Sealing is quite similar, in that they are directed to seal the record and only unseal it upon order of the court.
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To anyone who cared enough to look up my profile that I am from California although I have also practiced in Nevada and very briefly in Ohio.
 
play121 said:
Convictions are expunged. Arrest records are forever.

However, it has been my experience as an attorney that police, state and federal investigators are often able to access even records that have been sealed as well as, convictions that have been expunged.
Click to expand...

I am not an attorney. Yes, such records can be accessed by LEO (and some very savvy PIs) but see California Penal Code 849.5 for an example:

In any case in which a person is arrested and released and no accusatory pleading is filed charging him with an offense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
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This does not apply to the OP, but thought I would bring it up as an addition to Johnny1's and forgotten's respective examples. A conviction for credit card fraud would indeed be a big hindrance to employment, even if full restitution was made and the sentence was served - in particular if the job involved any position of trust, licensing, or handling of cash.

My best advice would be to lawyer up and see what you can do. If you were a minor at the time, that part would certainly be relevant.
 
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