Expunging Felony

Not every case can go through the expunging process. Every state has its own requirements that have to be met before a felony record can undergo expunging. Contrary to popular belief, felony records are not "sealed" automatically with the passage of time, but require the filing of a petition with the court requesting the expungement and stating the reasons you are requesting it and how you meet the criteria set by law. Expunging a felony record can take between three months to almost a year depending upon the Court and the severity of the case. The fees are usually very reasonable, in the neighborhood of $2,000 to $2,500.00, and include research, filing fees, the drafting of the Petition, and any Court appearances.

General guidelines about expunging felony programs:

• You have to apply in writing for expunging a felony record. This should only be done by an experienced professional lawyer.
  
• If you are acquitted of a criminal charge, you may be able to have the records of the arrest and charge sealed immediately.
  
• Arrest and conviction records are not automatically expunged or sealed after a certain time period.
  
• Expunged convictions could be used to increase the severity of a sentence should a defendant again be convicted.
  
• Convictions cannot be expunged until about one year after they occur, and if the defendant is done serving the sentence and is facing no new charges.
  
• Not all felony convictions are eligible for the expunging process. In many states, defendants cannot expunge felony convictions or convictions involving sex offenses.

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