Question

Can A Car Theft Conviction Be Expunged?

Felony with time in prison after a probation violation. Is this expungeable? Cannot get a job anywhere and need to shake this.
Share |

LawQA.com Answer Library

Answered By: Law Office of Eric Sterkenburg
Expungement this seems unlikely in your case. However, each one depends on the facts in the case. Contact me for a free consultation to discuss your options.

Answer Applies to: California
Replied: 8/26/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James C. Bechler, A.P.C.
You cannot get an expungment from a felony in which you served time in prison. You can, however petition for a Certificate of Rehabilitation through the Department of Corrections.

Answer Applies to: California
Replied: 8/26/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Nelson & Lawless
Many felony and misdemeanor convictions [not infractions] can sometimes be expunged by proper application and Petition to the court, but only if there was NO prison time served or even sentenced. There are other disqualifiers and rules, but they do not need to be discussed in your case.

Your prison time means you do not get to shake it. Even if you had not served time, you are disqualified if prison time was originally sentenced and then reduced to probation, as apparently is the case for you. The adverse effect you are suffering on your employability is the normal consequence of felony conviction.

Your only other option is to seek a governors pardon. BUT, they are almost never granted, they are quite expensive to pursue, and they require compelling reasons to persuade the governor to grant them other than I am suffering the consequences of felony conviction. Every convicted felon has that problem. Good luck.

Answer Applies to: California
Replied: 8/24/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Robert P. Jarvis, PC
Usually not. That is why they keep records. Otherwise, every convicted felon would simply expunge his record. Crimes involving honesty such as theft, lying, fraud and robbery are almost impossible to get off your record. Again, that is why they keep records.

Every case has specific issues and we recommend that you seek immediate legal representation. A competent criminal defense lawyer can explain small differences in the law or the facts that could dramatically affect your case. Our office is available 24/7 to represent you with any criminal matter

Answer Applies to: Arizona
Replied: 8/24/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

More Questions on Criminal Defense


Ask Questions

Ask a local attorney a question for FREE.

Free Answers

FREE answer from a local attorney.

100% Anonymous

Your email is only used to send answers to you.

Ask Your Own Question

Free Legal Questions & Answers

This site is an exclusive listing brought to you by LawQA and is a form of advertisement. To visit the official website of this attorney please click here.