Post Conviction Record Relief Cases

Gain an in depth understanding of expungement and post conviction relief laws through our detailed expert analysis of actual cases.

Arizona

• State v. Hall - Setting Aside a Conviction Does Not Restore Firearm Rights in Arizona
• Russel v. Royal Maccabees Life Insurance Co. - When a Set Aside Record Must Be Disclosed in Arizona
• People v. Barr - Can a Record Set Aside in Arizona Be Used When Sentencing Subsequent Convictions?
• People v. Patel - Can Plea Agreements Affect Probation Termination In Arizona?
• State v. Hovey - Economic Circumstances and Restitution Payments in Arizona
• People v. Moore - Must a Defendant Pay Restitution While Incarcerated?
• State v. Mohajerin - Court Must Consider Defendants Arguments Of False Accusation
• State v. Key - Court May Grant Conviction Vacation, but Deny Civil Rights Restoration

California

• In Re Paoli - Does a Record Cleared through California Penal Code Section 1203.4 Affect Naturalization of Citizenship Eligibility?
• People v. Barraza - Is California Penal Code 1203.4 a defendant's only option for post conviction relief in California?
• People v. Bradus - Do Probationary costs and attorneys fees need to be paid before you are eligible to clear your record?
• People v. Butler - California's Record Relief and Probation Termination Laws
• People v. Chandler - If Probation Is Not Completed or Terminated Are You Still Eligible for Relief?
• People v. Holman Part I - Determining California Record Clearing Eligibility
• People v. Holman Part II - Releasing the Defendant from the Obligation to Pay Restituionary Fines
• People v. Turner - How Probation Violations Effect Post Conviction Relief Eligibility in California
• People v. Hawley - How the Seriousness of the Offense Affects Your Ability to Expunge Your Record
• People v. Qualls - Why You Must Apply for Relief Before it Will Be Granted
• People v. Smith - How Changes Made to California Penal Code § 1203.4 Affect Court Decisions
• People v. Johnson - Is a Defendant That Successfully Completes Their Terms of Probation Rightfully Entitled to Get Their Case Dismissed?
• People v. Arata - How Plea Agreements Affect Record Clearing Eligibility In California
• People v. Parker - How Does a Suspended Prison Sentence Affect Your Ability to Gain an Expungement in California?
• People v. Mauch - Are Any Felonies besides Those Labeled as Wobblers Eligible to Be Reduced to a Misdemeanor?
• Will a Felony Wobbler That Has Been Reduced to a Misdemeanor Qualify as a Serious Offense for Purposes of a Sentence Enhancement in a Subsequent Prosecution?
• People v. Chagoyan - When Petitioning to Seal a Record in California You May Present Any Relevant and Reliable Evidence That Would Not Otherwise Be Admissible at Trial
• People v. Chandlee - What the Court Considers in the First Year after a Misdemeanor Conviction

Florida

• Oymayan v. State - Expunging Judicial and Non-Judicial Arrest Records in Florida If You Weren't Convicted
• Kanji v. State - The Amount of Discretion That Florida Courts Have in Denying Expungement Petitions
• R.J.L. v. State - A Florida Pardon Does Not Grant a Petitioner Eligibility for Expungement
• Orozco v. State - The Florida Statutes & Procedures That Entitle Expungement

Illinois

• People v. Duncan - Offenses That Are Ineligible for Expungement in Illinois.
• When a Record is being considered for expungement in Illinois, it must be in the States best interest to do so.

Indiana

• Zagorac v. State - Dismissal of a Charge Does Not Equal a Finding of Innocence
• Blake v. State - Pardons Only Entitle Conviction Expungement, Not Arrest Record Expungement.

Michigan

• In re Hutchinson - Setting Aside Multiple Juvenile Offenses in Michigan
• People v. McCullough - The Number of Offenses Eligible for Expungement in Michigan
• People v. Van Heck - Receiving a Pardon in Michigan May Make You Eligible for Expungement

Minnesota

• District Court Has Full Discretion with Firearm Rights Petitions in Minnesota
• Expungement Benefits & Commensurating Societal Burdens with the Petitioner's Benefits
• Expunging Records Held by Executive Governmental Agencies in Minnesota
• Firearm Rights Restoration & the Nature of the Crime in Minnesota
• Felony Crime of Violence & Felony Reductions in Minnesota
• State v. Ambaye - Not Guilty by Reason of Insanity & Expungement Eligibility in Minnesota

Nevada

• State v. Cavaricci - How Non-Minor Traffic Offenses Affect Record Sealing Eligibility
• Expunctions Are Not Civil Rights
• When Information about a Sealed Conviction Can Be Requested in Nevada

New Jersey

• New Jersey Expungement Ineligibility Due to Subsequent Crime
• Partial Expungement Case Law Study in New Jersey
• In Re Kollman - Time Requirements for Expungements in New Jersey
• How Permanent Forfeiture of Public Employment Effects Expungement Eligibility in New Jersey
• Does a Governor's Pardon in New Jersey Allow a Person to Petition for Expungement?
• Is a Sale of a Controlled Substance Conviction Eligible for Expungement in New Jersey?
• Do Juvenile Adjudications Affect Adult Conviction Expungement Eligibility in New Jersey?
• State v. K.M. - Are Arrests & Convictions for Motor Vehicle Violations Eligible for Expungement in New Jersey?
• State v. Zemak - How Expungement Affects Police Officers

Ohio

• "Final Discharge" in Ohio for the Purposes of Expungement
• State v. Hamilton - Ohio Prosecutors Participation Limits Involving Record Sealing
• State v. Mastin - What Ohio Courts Look at When Considering Expungement
• State v. Stevens - Only First Offenders are Eligible for Record Sealing in Ohio

Oregon

• Dyrdahl v. DOT - A DUII Conviction That Is Set aside in Another State Is Still Subject to Continued Suspension
• Bailey v. Lampert - A Felony Conviction Must Be Set Aside before Possessing a Firearm
• State v. Coughlin - Being Found in Contempt of Court Does Not Make You Ineligible to Set aside Your Record
• State v. Johnson - Set Aside a Record That Was Punishable as a Felony or Misdemeanor in Oregon

Pennsylvania

• PA State Police v. Paulshock - Pennsylvania Consolidated Statute § 6105 Cannot Restore Firearm Rights Lost Due to Federal Law
• Sammons V Pennsylvania State Police - PA Police Must Expunge Arrest Records That Were Granted Expungement
• In the Interest of A.B. - Why You May Not Be Able to Expunge Your Juvenile Record in Pennsylvania
• Commonwealth v. Moto - An Expungement Hearing is Not the same as a Criminal Trial in Pennsylvania
• Commonwealth v. Wexler - How an Acquittal or Entry of Nolle Prosse Effects Expungement Eligibility in Pennsylvania
• Commonwealth v. Waughtel - Can Plea Bargain Charges Be Expunged in Pennsylvania?
• Commonwealth v. C.S - Expunging a Record in Pennsylvania After a Pardon

Texas

• Understanding Texas Case Law: Binding Vs Persuasive
• Texas Department of Public Safety v. J.H.J. - How Court-Ordered Supervision Affects Expungement Eligibility in Texas
• State v. Juvrud - Minimum Period of Supervision That Must Be Served before Early Dismissal Can Be Granted in Texas
• Cuellar v. State - How Texas Felony Set Asides Affect Firearm Possession Rights
• In Re JO - If a petitioner demonstrates that she is entitled to expunction under Texas Code of Criminal Procedure Article 55.01, must it be granted?
• Receiving An Expunction After A Pardon In Texas If the pardon was given for reasons other than innocence or guilt
• Determining The Limitations Period In Texas For Expungements
• Court Ordered Community Supervision & Expungements
• T.C.R. v. Bell County District Attorneys Office - When must the court grant an expunction in Texas?

Utah

• The 3 Statutory Factors Related to Juvenile Expungement in Utah Are Subject to the Courts' Discretion

Washington

• State v. Smith - Vacating Subsequent Convictions in Washington
• Nakatani v. State - Withdrawal of a Guilty Plea Does Mean the Defendant Is Rehabilitated for Firearm Possession
• In re Firearm Rights of Nelson - Expunged Juvenile Convictions Do Not Bar Firearm Possession
• State v. Hall - Dismissal of Information is Only Granted After Probation

Federal

• Wilson v. Attaway - A Dismissed Conviction Can Still Be Used in Subsequent Trials

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