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There is a lot of uncertainty around the question of expungement. Can a felony be expunged, and if so, is expungement only for certain types of felonies? Does the conviction have to be old, and if so, how old?

This article will clear up a lot of myths and misconceptions about expungement and will lay out the basic steps to expunge a criminal conviction.

Can felonies get expunged?

Yes and no. Yes, in certain states certain felonies can be expunged depending on a variety of other factors, but no, not all felonies qualify for expungement. Before discussing which felonies are likely to qualify for expungement and the process for expunging a felony conviction, it’s important to understand what expungement is.

What is expungement?

Expungement is a way of limiting access to your criminal record. Expungement means the record is destroyed.

Generally speaking, the court that grants the expungement will impound the physical file and delete the electronic file from their computers so that it no longer exists. The court will also order that any interested police departments must destroy all records pertaining to that case.

Expungement vs. Sealing a Criminal Record

Having a criminal conviction expunged is different from having a criminal record sealed.

Sealing means the record is kept confidential and typically can only be accessed in limited circumstances relating to law enforcement and sentencing. That said, some states allow employers, like schools and financial institutions, to obtain sealed criminal records in connection with employment-related criminal background checks.

What types of felonies can be expunged?

The type of felonies that can be expunged depends on the state you live in. Not all states allow expungement.

For example, New York does not allow expungement at all. Instead, New York allows certain types of criminal records to be sealed under specific conditions.

Even though New York law allows for the sealing of criminal records, there is a limit of two criminal convictions that can be sealed, and only one of them can be a felony.

Illinois allows expungement but has very strict requirements. In Illinois, you cannot obtain expungement for any crime that resulted in a conviction. A conviction usually means a finding of guilt resulting in a sentence of jail time, probation, conditional discharge, time served, fines, and also supervisions or qualified probations that have not been completed.

For states like Illinois, that leaves expungement available either in cases where there has been an arrest or charge of a crime without a conviction, or in cases where a conviction was ultimately reversed, vacated, or pardoned.

Conversely, some states have more liberal expungement laws. In fact, California has one of the most lenient expungement laws in the country. If you’ve been convicted of a misdemeanor or certain felonies in California, you’re allowed to petition the court to set aside the conviction and dismiss the case.

Even in states that allow it, expungement is only available in very limited situations.

In most states, serious felonies and aggravated crimes, such as murder, manslaughter, armed robbery, rape and other sex crimes, and crimes against minors may never be eligible for expungement.

On the other hand, a shoplifting felony for grand larceny (i.e., theft over a certain amount, such as $1,000) is an example of an easier felony to expunge.

In more conservative states, crimes like DUI, reckless driving, or cruelty to animals may never be able to be expunged. As for drug-related felonies, it depends on the classification of the drug crime. A felony conviction for possession of a controlled substance may be easier to expunge than the felony of drug possession with the intent to distribute.

When can you get a felony expunged?

Again, the time requirements for seeking an expungement varies from state to state. Sometimes a petition to expunge can be filed immediately, and other times there may be a statutory waiting period.

Consider Kentucky, where the law states that an application for expungement cannot be filed sooner than five years after the completion of the person’s sentence or five years after the completion of the person’s probation or parole, whichever occurs later.
Many states require the completion of any supervision or probation, and the payment of all fines or retribution before a person can qualify for expungement. In those cases, the waiting period normally starts from the date of completing supervision, probation or retribution.
In some states, if you were sent to prison, this may automatically disqualify you, but other states may still allow expungement even if you served jail time so long as you can show a lengthy amount of time has passed without new criminal charges and that you are a contributing, law-abiding member of society.

What are the steps to getting a felony expunged?

If you’re looking to get a felony expunged, the very first step you should take is to get copies of your criminal records. You’ll need to review your criminal history to determine whether you can meet your state’s requirements.

That brings you to the next step, which is researching the expungement laws of your particular state.

If your felony or misdemeanor qualifies for expungement and the timing requirement has been met, the process of expungement formally starts with the filing of a petition or application with the proper criminal court.

Many states also require you to include your criminal record, proof of your completion of probation, supervision and/or retribution, and other paperwork with the petition, all of which will be submitted for a judge’s review and decision.

Most states will require you to send notice of your expungement request to the original law enforcement agencies, the district attorney’s office that handled your case, and the state agency that manages criminal histories for your state.

Most jurisdictions also require that a fee be paid in conjunction with the filing of the petition or application.

What are the benefits of expunging a criminal record?

A significant benefit of expungement is the record of the conviction is destroyed and removed from all files and databases. That means the felony no longer exists and does not have to be disclosed as a criminal arrest or conviction on job applications, loan and other financial documents, or other inquiries.
But maybe the most important benefit to expunging a criminal record is the peace of mind it brings knowing that a negative and unfavorable part of your past can be left in the past and will not haunt you for life. Your slate will have been wiped clean, so to speak. And who wouldn’t want that?

Lauren Blair is a lawyer who writes for the legal counsel and insurance education site, FreeAdvice.com. She has over 25 years of experience in litigation.

There are a lot of documents and legal papers that immigrants need to keep track of when coming to America, but once they are here, the need for documentation isn’t over. From drivers’ licenses to insurance and work permits, there are plenty of legal documents that immigrants will need to have on hand.

This article will go through various work permits and papers as well as the ins and outs of U.S. car insurance for foreigners. By the end, you will know what legal documents and licenses you need to prioritize getting once you arrive in the U.S.

If you want to live and work permanently in the U.S., you will need to prioritize getting your green card.

First, you will need to find out if you are eligible by looking at the eligibility categories. Then, you will need to file Form I-485 and provide supporting documents and fees (listed in the form). Finally, you have an interview with the U.S. Citizenship and Immigration Services (USCIS).

If your current card expired or is going to expire within six months, you should get it renewed. You can check your case status online at USCIS.gov.

Find the Right Tax Documents

While immigration law differentiates between immigrants, nonimmigrants, and undocumented aliens, tax law only differentiates between resident and nonresident aliens.

Resident aliens are generally taxed the same way that U.S. citizens are. Nonresident aliens have to follow some specific tax rules in the Internal Revenue Code (IRC).

It is extremely important to pay taxes properly so you don’t get convicted of tax fraud. A tax fraud defendant may be deported if they are not a U.S. citizen.

You will also have to report any worldwide income, including income from foreign bank and securities accounts, through the schedule B attachment form.

Non-U.S. citizens should review Publication 519, which helps you determine your filing status. Publication 54 contains special tax rules for resident aliens who work abroad or earn income from a foreign country. If it’s your first year in America, you may have to file taxes for your previous job at home.

Nonresident immigrants are generally taxed on their U.S. source income only and may qualify for tax relief through a tax treaty benefit. Resident aliens do not qualify for this benefit and are taxed on their worldwide income.

The tax documents you will most likely need to file include:

• 1040-ES Estimated Tax for Individuals
• 1040-X Amended U.S. Individual Income Tax Return
• 2350 Application for Extension of Time to File U.S. Income Tax Return
• 2555 Foreign Earned Income
• 4868 Application for Automatic Extension of Time to File U.S. Individual Income Tax Return
• 8822 Change of Address

Though the specifics may vary, so be sure to use Publication 519 to discover your filing status and refer to the IRS website for more information. You can also contact a tax attorney for help.

Prioritize Your Driver’s License

If you drive in the U.S., you will need a valid driver’s license, even if you aren’t a citizen. Fifteen states will allow those who are not citizens to get a drivers’ license, while others require you to have an International Driving Permit (IDP) and a license from your own country. You would have needed to get the IDP and home country license before coming to America.

The states that allow anyone to get a license regardless of whether they are a legal citizen include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Nevada, New York, New Jersey, Oregon, Utah, Vermont, and Washington.
Check your state’s requirements to see what you need to bring with you to get a license. Not all of them require proof of residency. You can drive anywhere in the United States if you have a license from one of the states.

Find Proper Auto Insurance Coverage

In addition to a driver’s license, immigrants will also need auto insurance to be legally allowed to drive their own car in the U.S. like citizens do. While getting insurance as a non-citizen can be difficult, it is nonetheless possible if you have your driver’s license or IDP

Many companies will require a state-issued driver’s license before issuing an insurance policy. Others will charge higher rates to immigrants than they would to citizens.

Currently, Farmers and Progressive both offer auto insurance policies to those with international licenses. There are also some companies like Bristol West and Kemper that will insure foreign drivers. Be sure to compare several quotes to get the best coverage.

Compare at least three companies, and check to make sure that the companies you are seeking quotes from are licensed in the state you will be in. Start with your basic liability insurance needs and go up from there. You can choose to get a temporary auto insurance plan if you are staying for a shorter amount of time.

Learn About Business Licenses

Knowing what you can and can’t do regarding business licenses can be tricky, especially if you happen to be an undocumented immigrant. Many business owners start businesses anyway, and U.S. immigration law does not bar undocumented immigrants from owning a business, though employing an undocumented worker is illegal.

Immigrant investors may be able to get an EB-5 Visa and use the existing visa system to declare their immigration status. If you have a business that is less than a year old and has less than four employees, or if you are moving here to start a business, you will need the E-2 visa.
Business owners need to register their businesses in a specific state. Some states like Delaware have flexible rules for corporate structures and entities and do not require a bank account or local address. Then, they need to fill out a certificate of incorporation.

Certain states like New York have very specific requirements for certain types of businesses, such as pharmacies or barber shops. Look into state-specific requirements for your business type.

You will also need to get an Employer Identification Number for tax purposes and get a business license and bank account. Consider talking to a financial advisor or immigration business advisor for help.

Deborah writes and researches about immigration and insurance for the car insurance comparison site, CarInsuranceComparison.com.

Drug charges can upend your life and carry hefty consequences. Depending on whether you were using drugs, transporting drugs, or manufacturing drugs, the consequences can be different. If you commit other crimes while under the influence of an illegal substance, you may be charged differently and more severely.

While some states charge you differently whether you were in possession of or manufacturing drugs, others lump the two together. Drug charges can be complicated and serious, and you will most likely need serious legal help if you have been charged with a manufacturing offense.

We’ll discuss some of the basics of what you need to know regarding the seriousness of drug charges, from routine drug search and seizures to manufacturing drug charge sentences.

Regardless of what your situation is, remember that you have rights. Read on to learn more about what those rights are and how they affect the consequences of a drug charge.

What kinds of drug-related charges can you be prosecuted for?

You can be prosecuted for drug-related activities including possession, manufacturing, distribution, distribution to minors, criminal enterprising, conspiracy, import and export activities, racketeering, financing drug operations, and firearm charges relating to drugs.

Any drug charges have the potential to be considered a federal crime, especially if they can be connected to any ongoing FBI or CIA investigation. A federal drug crime can have extremely harsh consequences and can land you in prison for your entire life.

There are various controlled substances in the United States that are listed under Title 21 U.S.C. (Controlled Substances Act, CSA), Section 812. Schedules I and II include the drugs that carry the harshest punishments.

What are the punishments for federal drug crimes?

The specific consequences for drug-related crimes can vary depending on your level of cooperation, type of drug involved, drug quantity, and previous drug or criminal history.

Drug manufacturing charges usually cover the production of drugs, while distribution has to do with the movement or spread of the drug. Creating drugs for personal use is a felony, and even having the ingredients to make drugs such as meth can be considered as criminal as actually creating the drug in question.

Manufacturing charges are usually more severe than distribution or possession charges, though they vary from state to state. In Texas, the punishment scales with the amount manufactured, ranging from two years to life in prison, depending on the quantity. In Tennessee, a single gram of meth can land you in jail for eight to 30 years.

Some states also deny parole for those who both manufacture drugs and possess firearms. This may affect your choice of whether to plea bargain or oppose the charges.

In addition to jail time, you could be punished with a hefty fine and have your property seized, such as the car used to transport ingredients and the house where it was manufactured.

Drug charges can take away everything you have if you don’t have the money and means to fight back. This is one of the reasons why you need to understand the risks involved.

For drug charges that have been elevated to federal crimes, there are minimum sentences that the judge cannot go beneath. For marijuana, this is five years without parole for 100 kilograms and 10 years without parole for 1,000 kilograms, while for meth these minimums apply to 5 and 50 grams, respectively.

What do you do if your charge is brought to court?

There are many ways to get a better sentence for a drug charge, but the number one way to get the best sentence is to get a qualified attorney. Don’t try to represent yourself. There’s a reason why most defendants get a lawyer.
For one thing, different books and resources regarding law and crimes won’t all share the same information, and these books don’t share everything you need to know. It is extremely difficult to learn and understand all the information you would need to know to properly defend yourself.

In addition, the justice system is often stacked against defendants. A skilled criminal lawyer will know how to approach your case and give you informed opinions on what your best options are.

Their schooling and education will give you an edge up during your case. However, representing yourself can be a mistake due to ignorance of the law.

Unless you intend to plead guilty, representing yourself is not a good idea because you could accidentally say something that hurts your case. You may not know what facts constitute a legal defense, and you may not know how to talk to the judge.

Make sure not to sign any confessions or agree to a plea deal without getting a lawyer. Be cooperative with law enforcement, but do not give them information that can be used to implicate you.
You have rights as a person accused of drug-related charges, and you should not allow anyone to convince you to give up on those rights.
You need to know what your rights and options are if drug charges are brought against you.

If you are caught with a complete product and are charged with manufacturing, you may not have many options in regards to your defense, though you can mitigate your sentence. For example, your lawyer can argue that your drugs were intended for personal consumption rather than for trafficking in a state where personal drug uses are charged differently.

Not having a child and not exposing minors to potential drug abuse are also factors that can lower the intensity of your sentence. Your lawyer may also be able to bring up relevant factors that can convince the court to give you a lighter sentence.

If you don’t have a finished product, you can argue that the ingredients you possess are owned for legitimate purposes unrelated to drugs. A lawyer can help you argue that the substances you own were not intended for drug creation.

Talk to your lawyer about your options for fighting drug charges. Just because you were seized with an unlawful drug doesn’t mean you have no options.

Sometimes law enforcement may break legal rules while obtaining evidence, and your attorney can use unlawful basis for searches and badly documented evidence as a basis for getting your case dismissed.

You should always know that you have the right to a lawyer and an unbiased jury. Your lawyer will be able to discuss more specific rights that you have that apply to your situation and suggest whether pleading guilty for a lesser sentence or fighting the drug charges will be more beneficial.

Deborah Goldberg writes and researches about legal issues for the legal advice site, FreeAdvice.com. She is passionate about educating people on crimes and their associated penalties to help others remain above the law and avoid lifelong consequences.

In the state of New York, it’s required that a criminal action be started within a certain period of limitation that’s described below.

Except as otherwise provided, a prosecution for a class A felony, or else a rape in the first degree, or else a crime defined or formerly defined in section 130.50 of the penal law, or else aggravated sexual abuse, or course of sexual conduct against a child in the first degree may be started at any time. Here are the time requirements for other offenses:

• A prosecution for any other felony needs to be started within five years after the commission of the crime.
• A prosecution for a misdemeanor needs to be started within two years after the commission of the crime.
• A prosecution for a petty offense needs to be started within one year after the commission of the crime.

What are the periods of limitation?

The periods of limitation for bringing up criminal actions are extended as shown below:

• A prosecution for the crime of larceny committed by someone in violation of a fiduciary duty may be started within one year, with all due diligence, should’ve been discovered by the plaintiff or by someone under legal duty to represent him who isn’t implicated in the commission of the crime.
• Prosecution for any offense that involves misconduct by a public servant may be started at any time during the defendant’s service, or else within five years after the termination of service. In no case will the period of limitation be extended more than five years.
• A prosecution for any crime described in the environmental conservation law may be started within four years after the facts are discovered or, in due diligence, should’ve been discovered by a public servant who has the responsibility to enforce the provisions.
• A prosecution for any misdemeanor in the tax law of the city of New York must be started within three years after the commission of the crime.
• A prosecution for sexual conduct against a child in the second degree may be started within five years of the commission of the most recent act.
• Other than a sexual offense against a child less than eighteen years old, incest in the first, second, or third degree committed against a child less than eighteen years old, or use of a child in a sexual performance, the period of limitation will not start to run until the child reaches the age of eighteen or else the offense is reported to a law enforcement agency or register of child abuse, whichever happens first.
• A prosecution for any felony must be started within eight years after the commission of the crime, provided there’s a prosecution for a felony if the commission of the crime resulted in or created the risk of death or serious physical injury to another person. The prosecution can be started at any time, provided that nothing here will be used to shorten or lessen the period in which a prosecution for a felony may be started.

How are periods of limitation calculated?

In calculating the periods of limitation that are applicable, the following periods will not be included:

• Any period after the commission of the crime when the defendant was outside the state of New York or the defendant’s whereabouts were unknown and not able to be ascertained by the exercise of due diligence. In no event will the period of limitation be extended by more than five years.
• When the prosecution for an offense is lawfully started within the prescribed period of limitation, and when an accusatory instrument is dismissed by an authorized court under directions allowing the lodging of another charge for the same offense or an offense based on the same sort of conduct, the period extending from the starting of this prosecution all the way to the dismissal of the accusatory instrument doesn’t make up a part of the period of limitation that is applicable to starting the prosecution under a new charge.

So if you’re facing charges, or would like to make sure that you’re protected should charges ever be leveled against you, you can count on the years of experience that NYC criminal lawyers with Norman Spencer Law Group, PC offer, with an experience that’s sure to illuminate for you the complexities of New York state law without overwhelming you. At Norman Spencer Law Group, PC, the people always come first.

In New York, a defendant in a state criminal case has the opportunity and right to testify. In nearly all cases there are charges presented to the grand jury, a defendant has the right to testify before the grand jury. The issue hinges on whether the defendant must notify the prosecution, or whether the prosecution must notify the defense. The issue depends on the status of the case in the lower court. Before deciding to testify before the grand jury, the defendant should have a discussion with a competent NY criminal lawyer.

NY CPL 190.50(5)(a) states that prosecution is required to provide notice of the grand jury proceeding when there is a charge that is brought in the local criminal court, and when the charge is “currently undisposed of.” A “currently undisposed of” case is where the defendant has not been held for a grand jury action after the preliminary hearing. After the hearing, the felony complaint is disposed of and the prosecution is therefore required to give notice. A prosecutor may submit a case to the grand jury right after arrest and before arraignment. This would not violate the defendant’s right to testify.

When the case has left the lower court, the obligation to notify is then reversed. It is then the defendant’s obligation to notify the prosecution of the defendant’s intent to testify. In certain jurisdictions, the district attorney’s office will send notice in every case. This action by the district attorney’s does not relieve the defendant’s obligation to notify the prosecution in the event the defendant wants to testify.

Once the defendant has give the prosecution timely notice prior to the prosecution presentation of evidence and prior to the grand jury vote on the indictment, the defendant is entitled to testify.

It is important to note that the defense counsel should provide the prosecution with a written request to testify at the grand jury, when the proceeding is still in local court. This should be done regardless of whether the defendant decides to testify at the grand jury later on. Submitting the request to testify in the lower will preserve the defendant’s right and ability to be informed.

If the defendant timely seeks to exercise the right to testify at the grand jury, the time is chargeable to the prosecution for speedy trial purposes. If the defendant seeks to delay the presentation of the case to determine whether or not to testify, that time is not chargeable to the prosecution for speedy trial purposes. The prosecutor may choose to use the fact that the defendant is testifying as an opportunity for discovery. It may be a tactic for the prosecution to get the defendant to formalize and state on the record what happened. Due to this the prosecutor may use the defendant’s testimony to delve into inconsistences with the defendant’s prior statements. The defendant’s grand jury testimony may be used at trial as an admission or used to impeach testimony made at trial.

At the grand jury presentation, if a defendant choses to testify, the defendant must first give an unstructured narrative of events. It is vital for the defense to go over the testimony’s talking points extensively before the defendant gives his narrative. Depending in what the defendant states, the prosecutor may ask a series of questions that lead the defendant to make unfavorable statements. It is important for the defense to anticipate what possible questions the prosecutor may ask. The defendant should state unequivocally their innocence in their grand jury testimony. The defendant and their counsel should prepare a list of talking points to the grand jury. This testimony is also a chance for the defendant to make their side of the events heard, unstructured and undisturbed.

Any statements that the defendant has given to the police, an exculpatory statement to the police, should be considered by the grand jury. The defense should request this especially if the prosecution asks the defendant questions based on these statements to the police. The “rule of completeness” grants the defendant this request.

These are the basics of a defendant’s right to testify in a grand jury, and possible practice tips for the defense to anticipate. There are also several other scenarios outside the scope of these basics.

The NYC criminal attorneys with Norman Spencer Law Group represent clients charged with criminal offenses in New York City. We have built a reputation a solid track record of defending the toughest criminal cases. Call us today to set up a consultation.

This article discusses SEC Investigative process. SEC Enforcement Staff is charged with investigating federal securities laws violations. SEC also initiates enforcement actions against private individuals and companies who SEC believes violate securities laws.

At the onset of the investigation, SEC may request the target company or individual to disclose financial reports for several years. It is not unusual for an enforcement investigation to create a significant burden on the target even if in the end SEC does not find any evidence of violations. A typical SEC investigation may result in huge number of overtime hours as well as significant additional financial burdens, including legal and accounting fees. The mere fact that the company is being investigated by SEC can impact the staff morale. It can effectively alter the company operating plans and in some instances simply bring them to a complete halt until the investigation is completed.

SEC investigations are conducted confidentially and SEC does not disclose any information related to ongoing investigation to the public but it will obviously monitor the media and all other sources for any information it can use to prosecute the case. This is why it is extremely important for target companies to avoid any sort of public disclosure of any financial or accounting information. Additionally, any disclosures of this nature, even made before SEC finds any violations, can have serious effect on the company’s business and result in shareholders’ litigation.

It is important for businesses and private individuals who may come into contact with SEC to understand the SEC offices involved. The Division of Corporation Finance and the Office of Compliance Inspections and Examinations generally act as regulators charged with helping the registrant or regulated business improve its compliance with the federal securities laws. On the other hand, the Enforcement Staff is a law enforcement agency whose job is to bring enforcement actions and refer cases for criminal prosecutions to the Department of Justice.

How SEC Investigations Start

Many issues can trigger a SEC enforcement investigation. SEC may receive referrals from other SEC divisions or offices, or the media. Speaking of the media, SEC regularly monitors media reports, including newspapers, magazines, and the Internet. Many SEC investigations and enforcement actions were triggered by reports in major media publications that raised questions of accounting or disclosure violations, FCPA violations, and similar issues. In these situations, SEC is extremely likely to react by launching an investigation of these reports.

SEC will investigate violations of federal securities laws when the company self-reports to the SEC.

Another common trigger involves complaints from short-sellers, shareholders, employees and competitors. Since 2010, the Dodd-Frank Act, has authorized the SEC to award significant sums of money to whistleblowers who provide information to the SEC that leads to enforcement action.

SEC receives a number of referrals from other federal agencies, both regulatory and law enforcement.

If the Enforcement Staff receives a lead of a potential violation of the federal securities laws, it will initiate an informal inquiry or “matter under inquiry”.

At some point a matter under inquiry may become an official investigation, usually within 2 months, if the agency determines that the situation warrants it. When this happens, the Enforcement Staff will normally collect information from various sources including public filings, the Internet; news reports, and market surveillance trading data. The agency will conduct a thorough analysis of all available data and decide on how to proceed from that time on. If the SEC decides to move ahead with the investigation, the Enforcement Staff will obtain a Formal Order of Investigation which will allow it to issue subpoenas and compel witness testimony.

The NYC based law firm of Norman Spencer Law Group has the resources and experience representing clients in complex SEC investigations and related white-collar federal criminal matters. If you or your company have been approached by SEC investigators or if you believe that you may be in violation of federal securities laws and would like to discuss your legal options with an experienced SEC defense attorneys, then you should contact us today to set up a confidential consultation with one of our SEC lawyers.