Circumstances under which a felony conviction cannot be vacated:

1. If the crime is a class A felony.
2. The conviction is crime against persons.
3. The conviction is a violent offense.
4. The person has a new criminal conviction since the date of discharge from supervision.
5. The person has criminal charges pending in any municipal, state or federal court.
6. The conviction is for a class B felony and less than 10 years have passed since date of discharge from supervision.
7. The conviction is for a class C felony and less than 5 years have passed since date of discharge from supervision.

Next, the conditions that should apply:

1. The person has served all the community service hours and paid all restitution required by the court.
2. The person has obtained a certificate of discharge.
3. The requisite number of years has passed since the issuance of the certificate of discharge (10 years for a Class B felony and 5 years for a Class C felony).

It is worth noting that vacating your criminal conviction does not restore your right to possess or own firearms. I will have a future blog post regarding the restoration of the right to own and use firearms. A vacation of conviction also does not prevent subsequent use of the vacated conviction in a later prosecution. In addition, a subsequent juvenile conviction or adult felony, in effect, nullifies the sealing order.

To learn more about vacating a conviction you can contact our firm at info@pelleylawgroup.com