How do I clear my criminal record?

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How do I clear my criminal record?

In 1998 I was convicted of a felony that was supposed to drop to a misdemeanor, then drop from my history after 7 years. It’s still there, what can I do? Should I speak with a criminal defense attorney? In Barton, KS.

Asked on September 13, 2010 under Criminal Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

What is still there: the felony or the misdemeanor?  What happened at the final disposition of the matter?  Records do not generally "disappear" without a little paperwork and leg work by you.  Juvenile offenses often are sealed automatically but that rule is not hard and fast either. What you want to do is to make sure that the matter is sealed or "expunged."  The statute in Kansas is very specific on what can and can not be expunged (what crimes can and can not be expunged) and how long you have to wait post conviction (3 years, 5 years etc.). You did the right thing by checking.  Now take the documentation to an criminal attorney that does this for a living and make sure that it can and is done according to your plea bargain.  Good luck.


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