Is There Any Recourse If Someone Is Not Eligible To Have Their Record Expunged?
If you’re not able to have your record expunged, you might be able to have it nondisclosed (i.e. sealed). That’s going to depend on the circumstances of your case.
But if you’re ineligible for an expunction and you’re ineligible for a nondisclosure, there are really only two other options.
One option is to file for a full pardon from the governor. A full pardon will restore any civil rights that you lost through your felony conviction, such as the right to vote or to own firearms. Depending on the circumstances, it may also allow you to expunge your case.
That is a waste of time for the vast majority of people. The governor grants a handful of pardons each year and they’re typically only for very old cases. I’ve yet to have a client agree, after describing the process to them, that it was worth the time and expense of filling out and filing a pardon application. It would have to be an exceptional case.
A second option is to file a post-conviction writ of habeas corpus. However, there are limited circumstances in which you can file a writ of habeas corpus. There has to have been some underlying constitutional error with your conviction. A habeas writ is a long, involved process and is never guaranteed to be successful. Even when it is, it just results in your case being reactivated. The state can still prosecute you and convict you again, if the evidence is still there.
For more information on Recourse For Ineligibility Of Expunction, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 936-4521 today.
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