Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

You May Be Able to Expunge a Felony Conviction – But Not All Crimes Are Eligible

There are many felonies that cannot be expunged in any state. There are some states that do not offer expungements for any felonies. In California, there are several types of crimes that can be expunged. Keep reading to learn more about the types of crimes you may be eligible to expunge, and then contact Law Office of Michael L. Fell at (949) 585-9055 to talk to a criminal defense attorney who can help you with your case.

What Does Expungement Do?

In most states, it means that the crime is essentially sealed from public view. Private parties cannot find the information on your criminal history, which means it should be hidden from neighbors, landlords, employers, strangers, journalists, or anyone else who does a basic background check of you. This makes it possible to get employment or live in an area that does not allow felons.

Crimes Eligible for Expungement

Which crimes are eligible for expungement vary greatly from state to state but in most cases they include juvenile convictions, low-level misdemeanors, charges that were later dropped or dismissed, non-violent crimes, arrest records, and infractions. Some states do not allow for any felony convictions to be expunged. Those states include Iowa, Nebraska, Montana, Texas, and Arizona.

Crimes That Are Never Eligible for Expungement

No matter the state, even those that are generous with the types of crimes they allow to be expunged, do not allow certain crimes to be expunged. These are generally the particularly violent convictions such as those for terrorism, murder, rape, assault with a deadly weapon that results in serious injury, arson, capital offenses, and others. Basically, if a crime comes with the possibility of life in prison then it is unlikely that it is eligible to be expunged.

Other Requirements Must Be Met

Note that just because a crime is eligible for expungement does not mean you will be automatically granted an expungement. There are other criteria to meet. For example, you will not be eligible if you were sentenced to state prison, if you have not yet completed your sentence and/or probation, or if you are currently facing prosecution or on probation for another offense.

Expungement is Not the Only Option

If the crime you were convicted of is not eligible for expungement, there may be other options available to you. This could include requesting a pardon from the governor, a certificate of rehabilitation, a factual innocent motion, or a dismissal of the charges. These are rare but they do happen. If you believe that you may have grounds for an expungement or other option, contact Law Office of Michael L. Fell at (949) 585-9055 today for a free legal consultation.