Section 5 cases: remaining eligible felonies
Listed below are the types of cases that do not apply
- Persons convicted of Official Misconduct
- Human and Sexual Trafficking
- Sex Crimes
Listed below are the types of cases that apply.
- Any other type of felony as long as the prosecuting attorney has granted written permission to file a petition for expungement is eligible.
Before you begin filing your petition for expungement you must wait at least ten years after the day you were convicted. You may apply for a petition earlier if the prosecuting attorney agrees to an earlier date. Once you are eligible you can begin filing your petition in the superior court in the county of your conviction. Because you only have one chance to file for expungement, make sure all the requirements listed below are fulfilled.
- We must notify the prosecuting attorney and he must consent to the petition
- The prosecuting attorney must notify the victim of the crime and the victim can write a statement in favor or opposition to the request
- You must completed the ten year waiting period
- You must have paid all fines, fees and court costs from your conviction
- You must have no other pending charges on your record
- You have not been convicted of a crime within the previous ten years
Once these have been completed and the prosecuting attorney does not require a hearing, the court is able to make a decision about your expungement. If the prosecuting attorney finds a hearing necessary, the court will meet at least 60 days after your petition has been filed.
If the court finds that all the required conditions have been met, then the court can approve your expungement.
Once a court has approved your expungement a court order will issue the following list of requirements:
- All public records related to your arrest and conviction will be clearly marked expunged but remain on public databases
- The state police and BMV will add expunged to all of your public records
- You will be able to vote, run for public office, and serve as a juror.
- It becomes illegal to discriminate against you when applying for jobs, licenses or permits
When applying for jobs or licenses you may only be questioned about convictions that have not been expunged.
If your conviction becomes expunged your records will still be available to the public but there will now be regulations regarding how the public uses your record.
It is important to make sure you are qualified for expungement because you only have one chance in your life to file a petition.
Contact us and we can make sure that you are qualified for expungement and that your record gets cleared.