How difficult is it to get a criminal record expunged?

A relative of mine was convicted of a crime which he did not commit. He went to prison for 5 years. He would not ever say he was guilty even tho if he had of admitted to the crime he could have been released in a little over a year.

Asked on July 18, 2012 under Criminal Law, Montana


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Having a criminal conviction expunged is not difficult so long as the person meets all of the eligibility requirements of your State's expungement law. In most cases, this means the person is only allowed to have one criminal conviction expunged, and it must be at least five years from the date of the conviction or release from prison. Speak with a criminal defense attorney in your area for more specifics on your State's eligibility requirements to see if your relative meets the criteria.

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