Federal felony conviction records how to#
Federal felony conviction records code#

As you fill out the forms, you may need detailed information from your criminal record, including the case number, date of conviction, the code name and section number you were accused of violating, and the details of how and when you completed your sentence. Ask the court clerk what forms you need to file a petition to expunge a conviction from your criminal record. X Research sourceДЇill out the necessary forms. Stabbing someone with a knife is likely to earn a felony charge, while swinging a wine bottle at someone and missing is more likely to be charged as a misdemeanor.

Federal felony conviction records how to#

Prosecutors and judges have discretion on how to charge that crime based on the circumstances. Penal Code Section 245(a)(1), which carries a punishment of 2-4 years in prison, or jail for 1 year or less.

An example of a wobbler in California is assault with a deadly weapon under Cal.

X Research source Sexual offenses and offenses against children often cannot be expunged.

Drug-related and juvenile offenses are among the offenses most likely to be eligible for expungement.

You can find a comprehensive overview of expungement laws by state by visiting.

X Research source (Those types of charges are commonly known as 'wobblers,' because they could be charged either way.) For example, in California, you cannot expunge a felony unless the prosecutor had discretion to charge the crime as a misdemeanor instead.

Not every felony is eligible for expungement, and the types of felonies that are eligible differ from state to state. Verify that your conviction is eligible for expungement. If you are a witness in court, or if your prior conviction is relevant to a civil lawsuit, your expunged record might be introduced. If you apply to work for the government or in a sensitive profession such as law or medicine, your employer or licensing authority will still be able view your expunged record. An expunged felony may still be used against you as a 'strike' if your state has a Three Strikes law. If you are convicted of another crime in the future, the judge can look at your expunged record to see if you are still eligible for counseling or probation. If you are charged with a crime again the in the future, the prosecutor will be able to see if you have a prior conviction that justifies a more serious charge. In Michigan, you can have the court record removed from public inspection, but in California, you can only have the public record of the conviction changed to 'dismissed.' X Research source X Research source Additionally, an expunged conviction can still be used against you in certain circumstances, including: Expungements are not as effective at hiding your convictions in some states as in others.