How long does a felony stay on your record?

Asked over 5 years ago - Jesup, GA

i was 17 when i was charged with possession of cocaine and exctasy ,2 felonies they put me on first offenders act,i violated probation(didnt pay or report).im 24 now have not been in trouble since. is there any way i can get them removed? im trying to get my cdl's

Attorney answers (2)

  1. Ronald S. Pichlik

    Contributor Level 18

    Answered . I'm going to start out by qualifying my answer since I practice in Michigan and laws vary somewhat from state to state, therefore, you will probably ultimately need to contact a good post-conviction/appellate attorney in your area and have him/her field your question.
    With that out of the way I will tell you that it sounds like you pled under a statute similar to Michigan's Holmes Youthful Trainee Act, (HYTA, for short). However, it also sounds like you did not fulfill the requirements that were put in place where you were sentenced, (you failed to pay your fines and failed to report). You do not state in your question, but I am guessing that you were brought back before the court for imposition of some other type of sentence and you presumably lost your "First Offenders Act" status. Therefore, the felonies are there and they do not drop off. In Michigan in order to be eligible to have your record expunged, (a felony formally removed from your record), you can have only one felony conviction on your record, (your two felonies for example, would make you ineligible for expungement). Further, in Michigan, to expunge or not is purely a discretionary decision of the court; there is no "right" to it. Lastly, there are certain offenses which are ineligble for expungement, (although either of yours would not operate as a preclusion to expungement).

  2. John M. Kaman

    Pro

    Contributor Level 20

    Answered . It really depends on GA law, not the law of MI or the law of my state (CA). In my state you can have any number of felonies expunged but you can only do so where you were given probation and successfully completed it. You need to consult a criminal lawyer in GA.

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