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Criminal No More: Expunging a Felony Charge

  • By Phil Press Institute 
  • Category: Taking Notes 
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Felony Attorney in ProvoOnce convicted of a crime, always a criminal, right? Not necessarily so. There are cases when you can actually have that criminal record stricken off forever and it’s called expunging a felony record. Sometimes, criminal cases arise out of a misunderstanding and it is unfair to carry that all your life and get deprived of work, taking out a loan or buying a home.

Not Automatic

A felony expungement requires asking a judge to clear your felony record. It must be filed by the person who was convicted of the felony and is not granted automatically. As in a trial, a hearing will be scheduled by the judge to determine if petitioner is qualified for expungement of record.

Not all felony charges can be expunged. Crimes involving sexual abuse, rape or battery are not available for expungement. If the crime involved harming or corrupting a minor, this will not be granted.

All Records Cleared

When a felony charge is expunged, usually all documents, files and information pertaining to the crime will be unavailable as public record. This may vary per state, where each has its own laws. But generally, while having a conviction may be made known, in case of a repeated offense, its details will no longer be available.

Sentence Completed

Before applying for expungement, there is usually a prescribed period after a felony conviction. Usually, this is between five to 10 years. Also, the sentence meted plus all fines or damages that need to be settled must have been completed before being qualified to file for expungement. This includes probation periods, if any.

Costs, Fees

Having your criminal record expunged will cost you money. A felony lawyer in Provo can best advise you on the costs to expunge your record, including his fees that range from $1,000 to $2,500. There will be court appearances and hearings and it will take a bit of time to get this done. However, once it is expunged, it will prevent employers from accessing this record and should help in getting back into the employment pool.

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Criminal records can be expunged and made unavailable as public record. However, there are strict requirements before the court approves the expungement. Furthermore, the process takes time and is not cheap.

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