Facing a felony on your record can be a daunting obstacle, affecting everything from job prospects to housing opportunities. While expungement offers a path to clearing one’s name, not all felonies are eligible for this relief.
Here at Simmons Wagner, LLP, we guide you through the complex landscape of expungement laws to help you understand what can and cannot be expunged. Contact us at (949) 439-5857 for a free legal consultation.
Understanding Felony Expungement
Expungement is a legal process that seals or erases a criminal record from public view. While it does not completely delete the record, it makes it inaccessible to general background checks performed by employers, landlords, and other private parties. However, certain government agencies can still access these records.
What Felonies Typically Cannot Be Expunged?
Certain serious offenses are generally excluded from expungement across most states. These include:
- Murder and manslaughter
- Serious violent crimes such as aggravated assault
- Sex crimes involving minors, such as statutory rape or child molestation
These crimes are considered too grave to qualify for expungement due to their nature and the potential ongoing risk to public safety.
Eligibility for Expungement
The eligibility for expungement varies significantly from state to state. Some states allow many felonies to be expunged, while others are much more restrictive.
States with Restrictive Expungement Laws
Some states have very limited expungement options, particularly for felonies. For example, states like Iowa and Texas allow few, if any, felony records to be cleared. In contrast, states like California and Colorado have a very short list of expungeable felonies, usually excluding most violent crimes and sexual offenses.
States with Broader Expungement Laws
On the other end of the spectrum, states like Oregon and Washington allow for the expungement of most felonies, except for the most severe crimes. These typically include offenses that carry life sentences or involve significant bodily harm or risk to individuals.
The Expungement Process
Navigating the expungement process involves several key steps and criteria:
- Waiting Periods: Most states require a waiting period after the conviction or the completion of the sentence before you can apply for expungement. This period can range from a few years to over a decade, depending on the state and the severity of the crime.
- Clean Record: Applicants must typically demonstrate that they have maintained a clean record, with no subsequent offenses.
- Completion of Sentencing Requirements: This includes serving all jail time, completing probation, and paying all fines and restitution.
- Application Process: The expungement process usually requires completing detailed paperwork and potentially attending a court hearing.
Special Considerations for DUI Offenses
DUI convictions represent a unique challenge in the realm of expungement. Many states explicitly exclude DUI offenses from being expunged, recognizing the public safety risk associated with repeat offenses.
Why Legal Guidance is Crucial
Given the complexity and variability of expungement laws, having expert legal assistance is critical. [Business] specializes in navigating these intricate legal pathways and can provide you with the personalized guidance needed to explore your expungement options.
Contact Us for Expert Assistance
If you’re looking to clear a felony from your record or need more information about the expungement process, contact Simmons Wagner, LLP at (949) 439-5857. Our skilled attorneys are ready to help you understand your legal rights and take the necessary steps towards clearing your name and restoring your reputation.