What is the process and how soon can I begin to expunge a felony from my criminal history

2004 felony - Iludeing police
2004 misdermeanor - DUI
2004 misdermeanor - Vusca
how long does it take to remove from record and what are the steps to start.
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Answers (2)

Carl A Munson JR

Carl A Munson JR

Contributor Level 5
The term expungment means to destroy a record. The law only allows you to destroy "non-conviction" data.

"Vacating" is what you're looking to do. When you file a motion to vacate, technically that means you are making a motion to withdraw your plea or set aside a guilty verdict and then the court dismisses the charge. If a conviction is vacated, you can answer on applications that you have not been convicted of that crime.

You only get one vacation for adult offenses. If you have juvenile offenses, you want to vacate the adult conviction first, then seal your juvenile record(s) second.

Unfortunately, DUI's are not allowed to be vacated.

And you only get to vacate the last conviction because one of the criteria for vacating is that you have not had a conviction for a crime since the date of the conviction you are looking to vacate.

I would recommend you contact a lawyer in your area who practices in this area.
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Jeffrey B Goldman

Jeffrey B Goldman

Contributor Level 4
Generally, for a C felony, it takes 5 years to be eligible to begin the expunge/seal/vacate process.

The first step is to go to the Clerk's Office in the Courthouse where you pled guilty and were sentenced on the felony.

Ask for a copy of your plea, and judgment & sentence. Once you have those papers, then you are equipped to approach an attorney, and get meaningful advice.
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