Going through the steps to expunge a felony , also know as the ”clear my criminal record” procedure, is a process where criminal felony charges are deleted from someone’s criminal record by hiring an expungement lawyer/attorney of course. If a felony is expunged, then it’s as if it never happened and will not show up on background checks, and a person can even state under oath the felony never occurred. Having a felony can be a big obstacle in someone’s life, affecting where they can live, where they work, and even if they can have a legal weapon. In this article, we’ll discuss some insights into expunging a felony from someone’s criminal record.
Requirements for Felony Expungement
The requirements for felony expungement vary from state to state, and some states don’t allow this at all. Federal felonies can not be expunged at all, unless with a special rare pardon. Each state has it’s own definition of what a felony is, but they usually require a similar process to occur in order to expunge a felony.
A person must start with filling a request, which is then submitted in writing to a judge who will determine eligibility through a hearing he/she will conduct. All fines and sentencing for the felony must be completed before filing for expungement. Also, most states require a wait of 5-10 years from the completion of their sentence. Probation also needs to be completed without any violations.
The process of applying for the expungement of a felony involves a lot of paperwork and legal complications. Having an attorney for this process is helpful and is worth the costs if can get the felony cleared.
Felonies Not eligible for Expungement
This varies from state to state, but generally speaking there are some felonies which are never eligible for expungement. These include felonies where the victim is younger than 18 years old, sexual crimes like rape or sexual battery, corrupting a minor, and child pornography.
Less serious felonies like drug possession and prostitution are more likely to be eligible for expungement. The more serious and violent the crime, the less likely it will be able to be cleared.
Felony Expungement in Texas
If a person has been convicted of a felony in Texas, they’ll almost never be eligible to clear this from their record. The laws in Texas simply don’t allow the expungement of felonies if found guilty, unless they receive a pardon from the governor. If a completed deferred adjudication is received, then a person can be eligible to seal their record with an order of non-disclosure. This would hide the felony from landlords, loan officers at banks, and potential employers, but not from government offices.
Felony Expungement Lawyer
Although a person doesn’t need a lawyer to go about the applying process to expunge a felony, they will ensure the complicated paperwork and procedures are done correctly. Even though a lawyer will cost some money to hire, the cost are worth it when thinking about the opportunities available when expungement is granted.
Having a felony conviction is a serious liability in a person’s life. It affects negatively their job prospects, living standards, and strips them of other rights like owning a firearm. Getting a felony expunged from a record will give a person a clear record and the ability to have more opportunity in their life. Unless a person takes action to clear a felony from their record, it will stay there indefinitely. Even though the process is difficult, it’s worthwhile to apply and try for.