Legal Question in Criminal Law in California
Can I get my felony expunged
Approx 7 years ago i was convicted of a felony. It had to do with credit card fraud. Since then i have gone to school and have held down a job for a little over six years. My contract ended about a year ago and i am unable to find any type of work. I recently found out that this was because of my felony. Is there any way that i can have this expunged. Is there any way that I can do it myself? I am limited on funds, since my job loss, and I have been receiving welfare. My plan was to go back to school for Pharmacology but i am also concerned that i will not be excepted into any program and that i will run into problems when i am going for my PhD. Please Help.
3 Answers from Attorneys
Re: Can I get my felony expunged
Not all felony convictions can be expunged, and your question says nothing about the nature of your conviction or the length of your sentence. I would need to know these details in order to say whether you might be eligible for expungement.
Re: Can I get my felony expunged
I can certainly appreciate your situation and need. For purposes of this discussion it will be assumed that the felony was obtained in the State of Indiana.
You might first wish to review your case to determine whether you were given the option of having the felony reduced under the alternative misdemeanor statute. If so, this could mean that the conviction would appear as a less serious one not being a felony. If you do not have this option and even the reduction from a felony would not seem to help than expungment if obtainable, could be another option. Expungment laws have changed drastically in Indiana over the years and it is very difficult to obtain. Generally, one would not only need the states cooperation but that of the arresting law enforcement agency as well. It would also have to be shown that you have since avoided any other difficulties and that a hardship would exists if this request were not granted.
I would not not suggest undertaking this yourself. This is not a fill in the form and just file situation. Once the appropriate petition is filed, a hearing will be set to receive evidence on the matter for the court's determination.
Please note, that the above is not based on known facts of your case and without review of the case material, the above should not be relied upon as legal advice applicable to your particular situation. This matter should be fullly reviewed by an attorney before proceeding.
Re: Can I get my felony expunged
Yes, it may be possible to expunge your record, and get the conviction set aside, which would allow you to say 'no' to convictions on most job applications. Contact me to discuss the procedures and costs.
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