Expungements and Post-Decree Relief

Filing a Petition for Expungement is one method that allows your criminal history to appear more positive.  This allows relief to be granted to a worthy defendant by terminating probation early, reducing a felony to a misdemeanor, or vacating a guilty plea and dismissing the case against the accused, or all three. 

Many clients have asked me if they have to answer, "yes," on a job application when asked if they have been convicted of a crime after their expungements are granted.  A lot of other lawyers will tell you that you can answer, "no," because an expungement is granted in order to relieve a defendant of the disabilities of a conviction.  Furthermore, there are many judges that will confirm that a successful petitioner is not required to disclose the conviction to private employers.  I believe, however, that clients may want to consider disclosing the conviction. 

It is very easy for an employer to find your expunged conviction.  If you know that your criminal record will get checked, it may be best to answer "yes--conviction dismissed" because at one time you were convicted, but later it was dismissed.  When an employer looks up your court record it will show the conviction after an expungement.  Although there will be an entry indicating that the guilty verdict was set aside and the case was dismissed, the record still indicates it was there at one time.  I believe employers will view a candidate more favorably if they find out that person was convicted of a crime in the past, than employers will if they think that person is presently a liar.  Furthermore, in certain cases, usually for state licensing agencies and state employment, you are required to disclose an expunged conviction.

An expungement is still helpful with getting that job, however.  Other than a police officer, if it is a state position you are trying to get, the state is required to consider your application equally with candidates who have no convictions.  Furthermore, since a defendant must prove that relief is warranted, an employer may know that a job candidate with an expunged conviction has reformed and has no recent arrests.  I have also encountered clients whose employers needed their convictions expunged for insurance purposes.  Some insurance companies will not consider an expunged conviction as a high-risk factor when convictions are part of their rate determination.  It is best to check with the insurance company in those cases. 

The prices for an expungement, early termination of probation, and reducing a felony to a misdemeanor range from $350.00 for uncontested, to $1500.00 when a motion and appearance are required. 

Writ of Coram Nobis

This is one of the few ways of fully cleaning your record.  Since the reward is great, the battle is tough.  There are very few instances when a court will grant a writ of coram nobis.  In order to obtain this relief, you must prove:

1.  Through no fault of your own, you were operating under a mistaken assumption when you entered your    
     plea. 
2.  If you had not been mistaken, you never would have pled. 
3.  You are suffering harm from the mistaken assumption regarding your plea. 
4.  If you had taken your case to trial, you had a high likelihood of winning your case.

It is pretty obvious where the pitfalls are.  It is probably easier to try the case and win than it is to prove you would have won when you never went.  At trial, the prosecution must prove your guilt beyond a reasonable doubt.  At a writ of coram nobis hearing, you nearly have to disprove their case beyond a reasonable doubt.  There are cases, however, where a writ of coram nobis may be valid. 

Ms. Dodson likes to win.  She will not file a frivolous motion.  Therefore, she will give you a fair evaluation.  If she does not believe your case has grounds for this relief, she will not charge you to do work she regards as futile.  If you do have grounds for a writ of coram nobis, however, she will devote the time necessary to produce a quality writ.