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Remove A Felony Charge From Your Record – 10 Common Concerns

Article by Vic Ammes

The legal term for removing a charge is called expungement. The majority of people think they can’t get an expungement. Most people you talk to including and especially the majority of attorneys have no experience with removing a felony charge. This area of law has been ignored. Those that want to clear their record and are eligible to do so can, with a few exceptions.

Top 10 frequently asked questions about expungement.

1. I was convicted of a felony for embezzlement. I served 7 days in jail and was required to pay a ,000 restitution. I have been on probation for 3 years. Do I have a chance to remove my felony charge? Most convictions can be expunged with a few exceptions such as child molesters, crimes while serving in government positions, treason and others. Each person’s case must be analyzed and understood individually.

2. How soon after a conviction can an expungement be started?Some expungements may be started the day after the end of the legal proceedings.

3. I was convicted for writing bad checks. Would an expungement apply? A federal or state expungement may apply. One expungement can free you of both of the records.

4. I was told that the President of the United States is the only one who can remove a felony charge from my record. Is this correct?No. Presidents give pardons and pardons do not delete the legal record. Expungement must still be applied for as a process that goes through the court.

5. How much money does an expungement cost? Under certain circumstances it costs nothing and other times there may be a court fee. When an attorney is used you can expect anywhere from free help to several thousand dollars.

6. I was arrested in Long Beach, California in July of 1967 for possession of under one ounce of marihuana. Because my basic civil rights were violated, the charges were eventually dismissed at my arraignment. I am applying for a governmental job soon and do not want to put this arrest on my job application. Can I have this arrest expunged? Absolutely, even dismissed cases can end up with arrest records that must be expunged!

7. I am trying to join the armed service. If I can expunge my criminal record do you think they will let me join? Expungements usually clear all obstacles that they presented by way of the record itself.

8. I have already been turned down for an expungement. Is there anything I can do? Yes. There is an approach that is often overlooked even by the very best attorneys which is to file a civil rights action.

9. I am not a US citizen. Can I get an expungement and can that prevent me from being returned to my homeland?Yes. Non citizens can get expungements and should do so. An expungement can help stop you from being deported for certain crimes.

10. Am I allowed to represent myself in court?In a perfect world everyone could afford an attorney. The reality is most can’t. Everyone has the right to act on their own behalf in court. You must determine if it is something you should do on your own or with the help of a lawyer. It depends on the information in your case.

The states are very overworked and haven’t paid attention to this area of the law. You must remind them that you have a constitutional right to be free from the continued punishment of a legal record that does not need to exist. You have the right to petition the court to remove a felony charge from your record.

The newly released book Expungements 3rd Edition gives 175 pages of details for successfully winning an expungement of your record.

About the Author

Vic Ammes believes every individual has the constitutional right to life, liberty and the pursuit of happiness. Once a debt to society has been paid, the past should be forgotten and not hinder the future.

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