Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.
All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.
Santa Clara California Motion for New Trial for Purpose of Expunging Criminal Record A Santa Clara California Motion for New Trial for the Purpose of Expunging a Criminal Record is a legal document that allows individuals with a criminal conviction to request a new trial in order to have their record expunged. This motion is filed with the court and provides an opportunity for individuals to present new evidence or arguments in their case, with the ultimate goal of having their conviction removed from public records. In Santa Clara County, California, there are several types of motions for a new trial that can be filed specifically for the purpose of expunging a criminal record. These types include: 1. Motion for New Trial Based on Newly Discovered Evidence: This motion is filed when new evidence, which was not presented during the original trial, becomes available and could have had a significant impact on the outcome of the case. The newly discovered evidence must be compelling and directly related to the conviction being expunged. 2. Motion for New Trial Based on Ineffective Assistance of Counsel: This motion is filed when the individual believes that their attorney provided ineffective representation during the trial, which resulted in an unjust conviction. In order to succeed with this motion, the individual must provide strong evidence that their attorney's actions or lack thereof had a negative impact on their case. 3. Motion for New Trial Based on Newly Established Constitutional Rights: This motion is filed when a new law or legal precedent is established, which retroactively affects the legality of the conviction. The individual must demonstrate that their conviction would have been different or non-existent had the new law or precedent been in place at the time of their trial. When filing a Motion for New Trial for the Purpose of Expunging a Criminal Record in Santa Clara County, it is crucial to follow specific procedures and deadlines set by the court. It is highly recommended seeking legal assistance from an experienced attorney who specializes in criminal law and expungement processes. The expungement of a criminal record can have numerous positive impacts on an individual's life, including increased job prospects, housing opportunities, and personal well-being. Therefore, understanding the different types of motions available in Santa Clara County can greatly improve the chances of successfully expunging a criminal record and moving towards a fresh start.Santa Clara California Motion for New Trial for Purpose of Expunging Criminal Record A Santa Clara California Motion for New Trial for the Purpose of Expunging a Criminal Record is a legal document that allows individuals with a criminal conviction to request a new trial in order to have their record expunged. This motion is filed with the court and provides an opportunity for individuals to present new evidence or arguments in their case, with the ultimate goal of having their conviction removed from public records. In Santa Clara County, California, there are several types of motions for a new trial that can be filed specifically for the purpose of expunging a criminal record. These types include: 1. Motion for New Trial Based on Newly Discovered Evidence: This motion is filed when new evidence, which was not presented during the original trial, becomes available and could have had a significant impact on the outcome of the case. The newly discovered evidence must be compelling and directly related to the conviction being expunged. 2. Motion for New Trial Based on Ineffective Assistance of Counsel: This motion is filed when the individual believes that their attorney provided ineffective representation during the trial, which resulted in an unjust conviction. In order to succeed with this motion, the individual must provide strong evidence that their attorney's actions or lack thereof had a negative impact on their case. 3. Motion for New Trial Based on Newly Established Constitutional Rights: This motion is filed when a new law or legal precedent is established, which retroactively affects the legality of the conviction. The individual must demonstrate that their conviction would have been different or non-existent had the new law or precedent been in place at the time of their trial. When filing a Motion for New Trial for the Purpose of Expunging a Criminal Record in Santa Clara County, it is crucial to follow specific procedures and deadlines set by the court. It is highly recommended seeking legal assistance from an experienced attorney who specializes in criminal law and expungement processes. The expungement of a criminal record can have numerous positive impacts on an individual's life, including increased job prospects, housing opportunities, and personal well-being. Therefore, understanding the different types of motions available in Santa Clara County can greatly improve the chances of successfully expunging a criminal record and moving towards a fresh start.
