If an adult is convicted of a criminal offense, he or she may motion the court to set aside the conviction. If successful, the person is released from all penalties and disabilities resulting from the conviction except those imposed by the department of transportation and other limited exceptions. A motion to set aside is not true expungement in that the record is still available through public records requests. If the record is requested, however, the procedural history will show that the conviction was set aside.
For first time offenders, civil rights are automatically restored if the person completes the term of probation or prison imposed and pays any fine or restitution that is imposed. The right to possess a firearm, however, is not automatically reinstated and must be applied for separately. For persons convicted of multiple felony offenses, the person may apply to have their rights restored upon completion of probation.
For any who have completed a term of probation or prison, there is no reason to keep the criminal conviction on your record and to continue without your rights. It’s time to set aside the conviction and restore your rights. Call today for a free consultation.