Skip to main content
By
Does My Criminal Record Ever Go Away?

I get many questions about whether someone can erase their criminal record after completing probation or after the passage of a certain amount of time.

In the United States, your criminal convictions are never automatically taken off your record just due to the passage of time. If you have a conviction from 1999, that conviction will appear on your criminal record the same way in 1999 as in 2015. Nothing changes.

You may petition the court to withdraw a guilty plea or file a petition for habeas corpus to vacate your plea. These motions and petitions can be granted if there were constitutional or other issues with your plea. But there are strict time limits for these motion and petitions. A motion to withdraw a guilty plea almost always must be filed within the same "term of court." That could be two months or even one day after your plea. A petition for habeas corpus must be filed within 180 days after a conviction for a traffic offense including DUI, one year for misdemeanor offenses, and four year for felony offenses.

If you believe your rights were violated when you plead guilty or were found guilty, contact an attorney immediately!
Anna Erwin, Esq.
Associate Attorney
Labels:

Comments

Post a Comment

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

By
Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America. The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds. Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups: Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans...
231 comments
Read more

Seven Reasons Why the Georgia Legislature Should Repeal HB-87

By
Recently the Alabama Attorney General called on the Alabama State Legislature to repeal parts of Alabama's horrid anti-immigration law ( HB 56), because of the "unintended" consequences of the bill (frankly, what happened was not unintended). Because of the similarity between the two laws, Georgia's Speaker of the House, David Ralston was asked whether Georgia Legislature would repeal part or all of HB 87, Georgia own anti-immigration law. HB 87 has caused almost a half a billion dollars in damage to the Georgia economy (along with untold suffering in Georgia's immigrant communities) without any noted or reported positive effect. Speaker Ralston plainly stated that the Georgia Legislature would NOT do anything to repeal HB 87 . While it understandable why a politician would not admit that a pet bill he shepherded and pushed through the state legislature was simply bad law, it is also clear that Speaker Ralston is facing a challenge on his RIGHT in th...
1 comment
Read more

Why is USCIS Taking So Long to Renew DACA Work Permits?

By
If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence. The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their drive...
16 comments
Read more