Mathew Kidman Higbee's Answers

Is it possible to have a felony removed from your record?

The state of Washington allows the court to vacate certain non-violent convictions and to seal the record. Once vacated (expunged), the person’s criminal record will not include that case. State law gives you the right to state to anyone, including prospective employers, that you were NOT convicted of that offense, after a vacate motion has been granted. To be eligible you must complete your sentence, been discharged from court supervision (probation/parole), not have any charges pending,...

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Felony conviction be expunged from my record

The state of Washington allows the court to vacate certain non-violent convictions and to seal the record. Once vacated (expunged), the person’s criminal record will not include that case. State law gives you the right to state to anyone, including prospective employers, that you were NOT convicted of that offense, after a vacate motion has been granted. This is essentially the same as expungement in other states. To be eligible you must complete your sentence, been discharged from court...

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What is the process for getting WA state felony expunged

The process in Washington is called having a conviction vacated. In most cases, you can only have one felony expunged. Only Class B and C felonies are eligible. There is a minimum 5 year waiting period that starts from the time you complete your sentence (including paying all fines). Vacation of a conviction releases you from all penalties and disabilities resulting from the offense. Once a conviction is vacated, the fact that you have been convicted of the offense shall not be...

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Possession of sales

If you mean possession of illegal drugs for sale, it cannot be reduced to a misdemeanor. For a conviction to be eligible, it must be what is referred to as a wobbler– meaning the statute allows for both a felony sentence (prison) or misdemeanor sentence (county jail or probation). However, it can be expunged pursuant to Penal Code section 1203.4 as mentioned in the previous answers.

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What is the procedure under CA criminal code to expunge prior misdemeanor case

You can request the court to terminate your probation early under CA Penal Code section 1203.3. If the court grants the motion to terminate, you are entitled to relief under Penal Code section 1203.4 (expungement). There is no filing fee associated with filing a motion to terminate probation early.

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Do you need a Presidential Pardon to expunge a California Federal criminal record?

The presidential pardon form is pretty straight forward and it is free to apply. While it may be a long shot, it doesn't hurt to try. You can get free assistance with applying for a presidential pardon at http://www.pardon411.com

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Expungement (Inherent Authority)

Discrimination based on a criminal record is not unconstitutional, however, it can be a violation of federal and state law and regulations (depending on where the employer is located). For instance the EEOC has put forth regulations that require that the record for which an employer is using to discriminate be for a matter related to the job. “Policy Statement on the Issue of Conviction Records under Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. §2000e et seq. (1982)” (...

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Family Matters

Yes, the record of the arrest will remain on your record regardless of whether you are convicted or not. However, Utah has a very good expungement law. If you have an arrest on your record that did not result in a conviction, you can have record of the arrest removed from your record. Arrests are not legally as serious as convictions, but they can be just as embarrassing and detrimental to job prospects. If you are not currently on probation or facing any current charges, Utah law (Utah...

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Conviction Expunged But FDIC Says it is not?

The problem lies within the difference between State and Federal law. While you may have had your expungement successfully completed, it was only done in CA at the state level. The federal definition of expungement, which is what the FDIC uses because it is federally backed by the FDIA legislation, differs from the state's definition. Section 19 keeps anyone who has had a breach of trust conviction from working in a bank without the bank facing large fines and penalties. A breach of...

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How do I go about getting my prior record expunged.

I noticed you categorized your felonies as federal crime. If they were felonies in federal court, your only option is a pardon. The state courts do not have jurisdiction to set-aside, seal or expunge federal cases. You can get free help applying for a federal pardon at http://www.Pardon411.com and http://www.RecordClearing.org

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