Getting a felony conviction expunged from a criminal record is allowed in certain states that have laws on the books permitting it. How to do it varies from state to state, according to Nolo. The process begins by checking with the local courts and legal agencies that were involved in the arrest and conviction.
If a person's conviction occurred in a state that allows records to be expunged, he must first find out if he is eligible, according to Nolo. Each state has its own eligibility requirements. For instance, according to Shouse California Law Group, in California a person must have successfully completed parole and not have committed any further crimes. However, people who have committed rape or sexual crimes against minors are not eligible at all. In North Carolina, the law office of Kirk, Kirk, Howell, Cutler & Thomas notes a list of infractions that render a person ineligible for expunging records, including assault, sex offenses, stalking, certain narcotics offenses, food and beverage contamination, and weapons charges.
Some states do not have laws that allow criminal records to be expunged. According to the Legal Action Center, crimes committed in New York State cannot be expunged. However, there is a process that allows records to be sealed. When a record is sealed, some of the information is sometimes destroyed, such as fingerprints and mug shots.Learn More
In Ohio, prior DUI convictions stay on a criminal record for six years after the conviction when penalties for multiple DUIs are assessed, according to Nolo. The Ohio Bureau of Motor Vehicles also states that DUI convictions stay on a driver's record for six years with regards to suspension of driving privileges. Offenders with multiple convictions within six years face more severe penalties under Ohio law.Full Answer >
A felony stays on a person's criminal record forever, according to Attorneys.com. A person can apply to have a felony conviction expunged from their record. If the court rules that the conviction is to be expunged, the felony record is sealed.Full Answer >
As of September 2014, felony convictions stay on record until the person with the felony conviction has it expunged. To get a felony expunged, one must petition the state and/or jurisdiction to destroy or seal the conviction. Each state has its own laws regarding the expunging of criminal records.Full Answer >
To expunge governmental records, request a copy of your complete criminal record, then confirm that the offenses are eligible for sealing or removal. Finally, file the appropriate documents and attend the hearing if necessary.Full Answer >