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How do I go about getting my felony off my record. I was convicted back in nov 14, 2005 and completed probation in 2007. class H

Waukesha, WI |
Filed under: Felony crime

I have a family, go to school full time, and work. I want to be able to find a better job after im done with school and to be able to hunt again. I had some problems while on probation but didnt get revoked. I dont have much money but can anyone help or give me details on what to do or where to start, it would be much appreciated! THANK YOU!!!!!!!!!!!!!!!!!!!!!!!

Attorney Answers 3

Posted

If you want the conviction taken off your CCAP record that is done through a petition to the court. If you want it completely off your record you would have to seek a pardon from the Governor, and as that sounds, it's not easy at all. It may be best to start with expunging it from CCAP as that may increase your odds in employment since some employers don't do the highest background checks and simply check CCAP but you'd have to be honest on applications about convictions.

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Asker

Posted

ok thats a start but how do i go about it? im not wise in the legal system like i used to be

Posted

Unfortunately, there isn't any way to expunge your 2005 Class H felony conviction. Though the expungement statute (973.015) allows for certain H felonies to be expunged now if you're 25 or under and have no prior felonies when convicted, that change occurred in 2009 and only applies to convictions that occurred after the change. it is possible, depending upon what county your conviction occurred in and how kind the charging DA is feeling, that you could ask to have the case reopened for sentencing and have them amend it down and/or dismiss it (though I wouldn't try it without hiring a lawyer to help you, because it's not the easiest thing in the world to do.) However, not to be a pessimist, but seeing as how this question is coming from Waukesha, if this happened in Waukesha County I can guarantee you that none of the judges there would even remotely consider doing this for you.

I'm sorry if this answer isn't what you wanted to hear!

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Posted

what about in a diffrentcunty or doesnt it work like that im in need of help

Andrew Joel Golden

Andrew Joel Golden

Posted

My answer is still the same. By law, you cannot get it expunged. The only possibility is if the DA reopens the case for sentencing and agrees to dismiss the case (which is highly unlikely) and the judge agrees to do it (even more unlikely). Basically, there are VERY few reasons for a court to grant such a request, and "it's made my life difficult" isn't going to be enough.

Posted

Difficult but worth a shot.
I would contact DA and see if there was any possibility of reopening case, esp. if no priors.
Was there a prior criminal record?
Does 973.015 Special disposition apply?
Good luck.

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Posted

No I dont have any priors except a dui in 2007 and dont know what 973.015 is but really need this off

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