Criminal Defense Lawyers

What felonies cannot be expunged?

What Felonies Cannot Be Expunged?

If you’ve been convicted of a felony, you may be wondering if there’s any way to clear your record and get a fresh start. At Spodek Law Group, we understand how a felony conviction can impact every aspect of your life – from employment opportunities to housing options and beyond. The good news is that in some cases, it may be possible to have a felony expunged from your record. However, there are certain felonies that typically cannot be expunged, no matter how much time has passed.In this comprehensive guide, we’ll break down which felonies generally cannot be expunged, the expungement process, and how our experienced attorneys can help if you’re seeking to clear your record. Let’s dive in.

Felonies That Typically Cannot Be Expunged

While expungement laws vary by state, there are certain serious felonies that are almost never eligible for expungement in any jurisdiction. These tend to be violent crimes, sex offenses, and other felonies considered especially egregious. Some examples of felonies that typically cannot be expunged include:

Violent Crimes

• Murder
• Manslaughter
• Aggravated assault
• Kidnapping
• Robbery
• Arson

Violent felonies that result in serious bodily harm or death to another person are generally not eligible for expungement. The reasoning is that these crimes are considered too severe to ever truly be wiped clean from someone’s record.

Sex Crimes

• Rape
• Sexual assault
• Child molestation
• Possession or distribution of child pornography
• Human trafficking

Sex crimes, especially those involving minors, are almost never eligible for expungement. These offenses are viewed as particularly heinous, and most states want to ensure there is a permanent record of sex offenders.

Weapons Offenses

• Illegal possession of firearms
• Using a weapon in commission of a felony
• Selling firearms to minors

Felony weapons charges, especially those involving illegal firearms, are typically not eligible for expungement in most states.

Drug Trafficking

• Manufacturing controlled substances
• Distributing large quantities of drugs
• Operating a drug trafficking enterprise

While some minor drug possession charges may be eligible for expungement, large-scale drug trafficking felonies are usually not expungeable.

White Collar Crimes

• Embezzlement
• Money laundering
• Securities fraud
• Tax evasion

Major financial crimes and fraud offenses over a certain dollar amount are often ineligible for expungement.

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2024-03-18

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2024-03-15

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Crimes Against Children

• Child abuse
• Child endangerment
• Child neglect

Felonies involving harm to children are rarely if ever eligible to be expunged from someone’s record.

Terrorism

Any felony related to terrorism or providing material support to terrorist organizations is not eligible for expungement.It’s important to note that even for felonies that may technically be eligible for expungement, it’s ultimately up to the discretion of the judge whether to grant an expungement petition. Factors like the severity of the crime, criminal history, and evidence of rehabilitation are all considered.

The Expungement Process

If you have a felony conviction that may be eligible for expungement, here’s an overview of the typical process:

1. Check eligibility: Research your state’s expungement laws to see if your offense qualifies. Waiting periods often apply.
2. File a petition: Submit an expungement petition with the court that handled your original case. You’ll need to provide details about the conviction and why you’re seeking expungement.
3. Background check: The court will likely run a background check to verify your criminal history.
4. Prosecutor review: The prosecutor’s office reviews the petition and may object or support it.
5. Hearing: A judge reviews the petition at a hearing and decides whether to grant expungement.
6. Order issued: If approved, the judge issues an order to seal or destroy records of the conviction.
7. Records updated: Relevant agencies are notified to update their records accordingly.

The entire process typically takes several months. Having an experienced expungement attorney guide you through the steps can significantly improve your chances of success.

Benefits of Expungement

If you’re able to get a felony expunged, it can have major benefits:

• Improved employment prospects
• Easier to obtain professional licenses
• Better housing options
• Restored rights like voting and firearm ownership
• Ability to honestly state you have no felony convictions
• Increased educational opportunities

An expungement gives you a clean slate and the chance to move forward without the stigma of a felony conviction holding you back.

How Our Attorneys Can Help

At Spodek Law Group, we have extensive experience helping clients navigate the expungement process. Our skilled attorneys can:

• Evaluate your case to determine eligibility
• Handle all required paperwork and filings
• Represent you at expungement hearings
• Negotiate with prosecutors if needed
• Advise you on the best strategy for your situation

We understand how much is at stake when it comes to clearing your record. Our team will fight tirelessly on your behalf to give you the best chance at a fresh start.Don’t let a past mistake define your future. Contact Spodek Law Group today at 212-300-5196 for a free consultation about expunging your record. Our experienced attorneys are ready to help you move forward.

Factors That Affect Expungement Eligibility

While certain felonies are almost never eligible for expungement, there are many factors that can influence whether a particular conviction may qualify to be cleared from your record. Here are some of the key considerations:

Nature and Severity of the Crime

As discussed earlier, violent felonies and sex crimes are typically not expungeable. But for other offenses, the specific details matter. A felony theft charge for shoplifting may be viewed more favorably than grand larceny of a large sum, for example.

Criminal History

Most states require a clean record for a certain period of time before granting an expungement. Multiple felony convictions or a long rap sheet can make expungement very difficult.

Time Since Conviction

There is often a mandatory waiting period before you can apply for expungement – usually 5-10 years for felonies. The more time that has passed, the better your chances.

Evidence of Rehabilitation

Judges want to see that you’ve turned your life around. Steady employment, community involvement, and character references can help demonstrate rehabilitation.

Completion of Sentence

You typically must have fully completed your sentence, including any probation or parole, before being eligible for expungement.

Age at Time of Offense

Crimes committed as a juvenile or young adult may be viewed more leniently when it comes to expungement eligibility.

Victim Input

For crimes with a specific victim, their opinion on the expungement may be taken into consideration by the judge.

State Laws

Expungement eligibility varies widely between states. Some have very limited options while others are more lenient.Here’s a table summarizing how these factors may impact expungement eligibility:

At Spodek Law Group, we carefully evaluate all of these factors when assessing a client’s expungement eligibility. Our experienced attorneys know how to present the strongest possible case to maximize your chances of success.

Alternatives to Expungement

If your felony conviction is not eligible for expungement, there may be other options to mitigate its impact on your life. Some alternatives to consider include:

Record Sealing

While not as comprehensive as expungement, sealing your criminal record can limit who has access to view it. This can be helpful for employment and housing searches.

Certificates of Rehabilitation

These official documents don’t erase your record, but they show you’ve been rehabilitated since your conviction. They can help with job applications and restoring certain rights.

Pardons

A pardon from the governor or president forgives the crime but doesn’t erase it from your record. It can restore rights and show you’ve been officially forgiven.

Set Aside Convictions

Some states allow certain convictions to be “set aside,” which doesn’t remove them from your record but shows the case was dismissed after you completed probation.

Deferred Adjudication

For some offenses, you may be able to avoid a conviction on your record by successfully completing a period of probation.

Plea Withdrawals

In rare cases, you may be able to petition to withdraw a guilty plea if there were legal errors in your case.While these options don’t provide the same clean slate as an expungement, they can still be very beneficial in moving past a felony conviction. Our attorneys at Spodek Law Group can advise you on which alternatives may be available in your situation.

The Importance of Experienced Legal Representation

Navigating the expungement process or exploring alternatives can be complex and overwhelming. That’s why having an experienced attorney in your corner is so crucial. At Spodek Law Group, we bring several key advantages to your case:

• In-depth knowledge of expungement laws: We stay up-to-date on the latest changes to expungement statutes and know the nuances of how they’re applied.
• Relationships with local courts: Our attorneys are familiar with local judges and prosecutors, which can be invaluable in expungement proceedings.
• Strategic approach: We know how to present your case in the most favorable light to maximize your chances of success.
• Attention to detail: Expungement petitions require meticulous preparation. We ensure all paperwork is completed accurately and on time.
• Advocacy skills: If your case goes to a hearing, you want a skilled litigator arguing on your behalf. Our attorneys are experienced courtroom advocates.

Don’t leave your future to chance. With so much at stake, it’s worth investing in quality legal representation. Contact Spodek Law Group today at 212-300-5196 to discuss your options for clearing your record. We’re here to fight for your second chance.

Frequently Asked Questions About Felony Expungement

As experienced expungement attorneys, we often get questions from clients about the process. Here are answers to some of the most common inquiries:Q: How long does the expungement process take?A: The timeline can vary, but typically it takes 3-6 months from filing the petition to receiving a decision. Complex cases may take longer.Q: Will expungement completely erase my record?A: In most cases, expungement seals the record from public view but doesn’t physically destroy it. Law enforcement may still have access in some circumstances.Q: Can I lie about my expunged conviction on job applications?A: Once your record is expunged, you can legally state you have not been convicted of that crime in most situations. However, there may be exceptions for certain jobs or licenses.Q: Do I need an attorney to file for expungement?A: While it’s possible to file on your own, the process can be complex. An experienced attorney significantly improves your chances of success.Q: If my expungement is denied, can I try again?A: In most cases, yes. There’s usually a waiting period before you can refile, often 1-2 years.Q: Will expungement restore my right to own firearms?A: It depends on the specific conviction and state laws. In some cases, yes, but federal restrictions may still apply for certain offenses.Q: How much does expungement cost?A: Costs vary widely depending on the complexity of your case and attorney fees. Court filing fees are typically a few hundred dollars.Remember, every case is unique. For personalized advice about your specific situation, it’s best to consult with an experienced expungement attorney. At Spodek Law Group, we offer free initial consultations to discuss your options.

Taking the Next Step

If you’re living with the burden of a felony conviction on your record, you don’t have to face it alone. While not all felonies can be expunged, many people are surprised to learn they may have options they didn’t know about.At Spodek Law Group, we’re committed to helping our clients get the fresh start they deserve. Our experienced attorneys will carefully evaluate your case, explain your options, and guide you through every step of the process.Don’t let a past mistake define your future. Contact Spodek Law Group today at 212-300-5196 to schedule your free consultation. We’re here to fight for your second chance.Remember, the sooner you act, the sooner you can potentially clear your record and move forward with your life. Don’t wait – reach out to us today and take the first step towards a brighter future.