QUESTION

How can I get a felony drug conviction expunged in the state?

Asked on Sep 14th, 2011 on Criminal Law - California
More details to this question:
What steps would you need to take to get a felony drug conviction expunged in the state?
Report Abuse
25 ANSWERS
Answered on Jun 24th, 2013 at 1:22 AM
You can retain our office to make the appropriate application.

Report Abuse
no peer reviews
n/a
no client reviews
Answered on Oct 05th, 2011 at 4:24 PM
My first advice would be to obtain an attorney to assist you with this matter. You may be eligible to expunge that prior conviction. Expunging a crime in Michigan is complicated. This response does not contain specific legal advice. If you need specific legal advice for your own circumstances, I recommend consulting with an attorney experienced with these types of matters. Most attorneys provide free initial consultations. Speaking in general terms, there are several significant obstacles to getting offenses expunged in Michigan. Expunging a criminal charge is great way of clearing up past mistakes. However, there are a series of obstacles. First, a person may expunge only one prior conviction and they can only have "no more than 2 minor offenses in addition to the offense for which the person files an application." MCL 780.621(1). Second, certain offenses cannot be expunged. Traffic offenses for example, even something as simple as driving on a suspended license, a lot of high level or capital felonies, and other offenses as listed in the applicable statutes, cannot be expunged. It depends on which offense is currently on the person's record. Additionally, even if a person only had one offense, if they had issues with probation, i.e., probation violations or other infractions while serving their sentence, that may be obstacle as well. There is also a time limitation. Any effort to expunge an offense cannot commence until five years after the date of conviction. Lastly, expunging an offense from a criminal record takes time, requires a lot of paperwork, carries some notable costs, and eventually, applicants need to appear before a judge and convince the judge that they are worthy of having the offense expunged in order to complete the process.

Report Abuse
Answered on Sep 19th, 2011 at 2:21 PM
Nevada Revised Statute 179 provides some guidance on record sealing. You will need to file a petition, which typically requires approval by the District Attorney's office. Keep in mind, this is different than having your rights restored.

Report Abuse
Answered on Sep 16th, 2011 at 9:28 AM
Enpungement may be available by filing a Petition and complying with the background check requirements. The Petition is heard in the Court where the offense took place. I hope that this was helpful. You may contact this office for an appointment should you wish to retain an attorney to represent you..

Report Abuse
  • 4.4/5.0
  • 0
  • 1
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Sep 16th, 2011 at 8:45 AM
You have to file suit. The DA can object or agree. If he objects you have a problem. Also if you didn't plead under Article 893 of the Code of Criminal Procedure you might not be able to get it expunged.

Report Abuse
Answered on Sep 16th, 2011 at 5:33 AM
First you have to determine if you are eligible. You are eligible if you have no more than one conviction of any kind on your record, that conviction is not punishable by a potential life sentence, that conviction is not a felony CSC charge, and it has been at least five years. You need to obtain copies of the judgment against you, a copy of your record from the Michigan State Police, get fingerprinted, fill out a bunch of paperwork, make the proper amount of copies and send them to the right people, attend a hearing, etc. It is probably best to retain an attorney experienced in doing expungements.

Report Abuse
Steven D. Dunnings
Partner at
  • 4.4/5.0
  • 0
  • 1
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Sep 15th, 2011 at 10:46 PM
Is it your only criminal conviction? If you have more than one criminal conviction, whether felony or misdemeanor, you can not get your record expunged.

Report Abuse
Answered on Sep 15th, 2011 at 8:44 PM
You would have to follow the procedures set out in the expungement statute. First, you can do nothing until at least 5 years after the conviction. Then the process is started by filing a motion in the court where the conviction occurred asking for an expungement. Ultimately, it is up to the discretion of the court whether the request is granted.

Report Abuse
Answered on Sep 15th, 2011 at 8:07 PM
If you complied with all terms of probation then you are entitled to have your record expunged in California. If you violated probation then it is up to the judge to decide if you can get the expungement. First collect proof that you complied with probation. Do this by going to probation and asking for their records. Then write a motion and file the motion with the court. They will tell you the date the motion will be argued. Write a motion and serve it on the arresting agency, the DA, probation, and the sheriff. Include with the motion a proposed order It can be helpful to include documents that prove that you have rehabilitated yourself. You must then attend the hearing and the judge will rule. If he grants the motion, he will sign the order. Get a copy of the order and mail it to the California Department of Justice. It is important to remember that even if the judge reduces the charge to a misdemeanor and then dismisses the case, you must disclose the conviction to government agencies.

Report Abuse
Answered on Sep 15th, 2011 at 7:50 PM
You have to wait ten years unless it was a "deferred judgment." If ten years has passed, you can hire a lawyer, or go the the Colorado State Judicial Home Page and look up "Petition to Seal" under forms.

Report Abuse
Answered on Sep 15th, 2011 at 7:46 PM
Google California Penal Code and look at Penal Code Sec. 1203.4. It is easy to do and I believe the court clerk might have a form.

Report Abuse
Answered on Sep 15th, 2011 at 4:59 PM
Only some felonies can be sealed (none can be expunged). Sealing prevents the public from seeing the case. There are forms and explanations on the Colorado Courts website. This process can be tricky and it is best to have an attorney to help or else the information may still be found by criminal history searches.

Report Abuse
Answered on Sep 15th, 2011 at 2:08 PM
If it is your only crime ever, and is over 5 years old.

Report Abuse
Answered on Sep 15th, 2011 at 1:55 PM
The first step would be to contact my office to schedule an appointment. Following this, we would be in a better position to move forward on the process involved.

Report Abuse
  • 3.0/5.0
  • 0
  • 1
n/a
no client reviews
Answered on Sep 15th, 2011 at 1:39 PM
Felony drug convictions can be petitioned for annullment 7 years after the conviction date.

Report Abuse
  • 5.0/5.0
  • 0
  • 1
n/a
no client reviews
Answered on Sep 15th, 2011 at 1:39 PM
I am sorry to be the one to tell you that there is no expungement in the State of New York.

Report Abuse
no peer reviews
n/a
no client reviews
Answered on Sep 15th, 2011 at 10:58 AM
You need to pertition the court and demonstrate that you have remained crime free since being released fronm confinement for a period of years depending on the crime you were convicted for and trhat you are not currently being charged. A lawyer can help you and the fee is reasonable.

Report Abuse
no peer reviews
n/a
no client reviews
Answered on Sep 15th, 2011 at 9:57 AM
First, you have to qualify. You can't have been sentenced to state prison and you must be off of probation. Assuming you qualify, you file a petition for a dismissal under Penal Code section 1203.4. Yes, you can do it yourself, but a local criminal defense attorney can handle this for you for relatively little money - it's fairly straightforward.

Report Abuse
n/a
no client reviews
AV Preeminent
Answered on Sep 15th, 2011 at 9:11 AM
First, your case had to be dismissed, no billed, or not guilty in order to be expunged. If you successfully completed deferred adjudication probation then your case may be eligible to be sealed using a Petition for Non-Disclosure. So if you qualify, contact a lawyer immediately because your lawyer needs to file a civil lawsuit against every entity involved and sue them to erase your records. I specialize in these, so please don't hesitate to contact me. Also, we can do these in any county across the State. God Bless America,

Report Abuse
MB
Michael J. Breczinski
Partner at
  • 3.0/5.0
  • 0
  • 1
3.0/5.0
n/a
no client reviews
CV Notable
Answered on Sep 15th, 2011 at 8:54 AM
First It has to be at least 5 years from sentencing or release from incarceration which ever is later. Second unless your only other convictions are for not more that two misdemenaors carrying a maximum of 90 days, that happened before your 21st birthday, then it can be your only conviction. You have to petition the sentencing judge or his successor for relief. You should get an attorney to help you.

Report Abuse
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on Sep 15th, 2011 at 8:53 AM
You need a Petition for Dismissal filed with the court requesting the court to re-open the case, set aside the plea, and dismiss the case. To qualify for expungement, you need to show that you completed probation, paid all fines and restitution, and not currently charged with a crime. Expungement will only work for offenses that you were not sentenced to state prison. If you meet the requirements, the court may grant your petition if it would be in the interest of justice. An expungement will not erase your criminal record. The guilty finding will be changed to a dismissal. You can honestly and legally that you have not been convicted of that crime. Your record shows that the case was dismissed after conviction. The record still states one you were charged and convicted along with how much time you served.

Report Abuse
no peer reviews
n/a
no client reviews
Answered on Sep 15th, 2011 at 8:51 AM
The circumstances and eligibility for getting an expungement are very limited. Hiring an attorney would be a smart first step.

Report Abuse
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Sep 15th, 2011 at 8:51 AM
I would need to know more about the conviction and the underlying charge. There are certain types of convictions that cannot be expunged. Assuming your conviction qualifies for expungment, there must be the passage of at least 5 years time, commencing from the time you were released from probation (meaning that you completed all of the court ordered requirements) AND during that 5 year period of time, you have had NO criminal violations ANYWHERE, including other states.

Report Abuse
n/a
no client reviews
Answered on Sep 15th, 2011 at 8:51 AM
To get a conviction expunged, you basically have to petition the Court that you were convicted at.

Report Abuse
Jeff Fengcheng Yeh
Partner at
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on Sep 15th, 2011 at 8:10 AM
Hire a lawyer to do a 17b motion, followed by a petition for expungement. Contact a lawyer to find out if you are even eligible for 17b.

Report Abuse

Ask a Lawyer

Lawyers from our extensive network are ready to answer your question.

0 out of 150 characters