Expungement of a felony?

[Cyte]

Was wondering if someone could give me some insight. A friend of mine has a non-violent felon from, I think, 12 years ago. He is interested in finding out, how to go about it, what the process is like, etc.

Thanks ahead for any info!

[biggs88]

Short answer is to hire a really good (expensive) lawyer, spend a nice chunk of change, and still have a, for the most part, slim chance of getting it. . .

Sorry for the bluntness. . . .
But that is sadly how it seems to be from what I hear. . .

[knight0334]

Two options if the conviction is from Pennsylvania:

1. He waits until he's 70 years old and keep his record clean until then - then try expungement and rights restoration.

2. Get a pardon, and then get an expungement.


If the conviction is from another state he will have to follow the rules of the other state on expungements. If federal, he'll have another process.

[SteveinNEPA]

Used my google-fu and got some info for you, note this applies to PA - DISCLAIMER: I AM NOT NOR HAVE I EVER BEEN A LAWYER AND I DO NOT PLAY ONE ON TV EITHER!

To request the expungement of an offense from your STATE (not Federal) criminal record: You must have either been exonerated, acquitted, or served the complete term of your sentence - then file a petition/motion with the court setting forth good reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record.

FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your request for expungement is granted and you are a resident of a state which completely or partially restores your "rights" (you will have to do research to learn if this applies to your state), you will still remain subject to any restrictions that your state laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). CAUTION: FEDERALLY CONVICTED FELONS: It remains a FEDERAL felony for a federally convicted felon to EVER own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm a mandatory minimum of fifteen (15) years in prison in some cases (Title 18 U.S.C. sec 924(e)(1). At this time federally convicted felons have no solution to their firearm disqualification. Congress has effectively suspended the review of federally convicted felons' petitions for restoration of their firearms privileges, by denying funding for the purpose.

[MDJschool]

Depending on how much the law has changed since that time, in the absence of other options, your friend might consider getting a general understanding of criminal law and procedure and an understanding of the area involving his alleged crime, so that he might keep close watch for others to be charged with his offense, and work with them to see the statute struck down as unconstitutional. Because an unconstitutional law is no law at all and only has the appearance of law from its inception, the courts that dealt with this defendant would have never had jurisdiction.

I have read federal or PA judges having said that there is always room for justice and people are exonerated years after their conviction for murders because of DNA evidence. I don't see how a situation where a law was no law at all would not allow the same type of justice no matter what time has passed, although I am not certain of the procedure for raising the issue that far down the line.

I assume the course is a habeas and the result would be a vacation of the conviction, making the felon no longer a felon by virtue of never having been convicted of a crime with a max jail penalty of more than 1 (or 2) years.

[Cyte]

Good deal, giving the info to my friend now. I also found a lawyer out of phillie who handles expungements. Thanks again