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There are number of circumstances in which you may be eligible to expunge a felony in California. We look forward to speaking with you. ",
On the other hand, a wobbler is a crime that may be charged as a felony or a misdemeanor, depending on the facts in the case, any aggravating factors that are present, and the defendants criminal history. "disambiguatingdescription": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. "sameAs": [
Expungement in the State of California When you successfully get a conviction expunged, it means that your case is dismissed and any plea you previously entered, such as a guilty plea or a no-contest plea, will be removed. ]}
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Certain convictions can be expunged only with a court order pursuant to an Application to Set Aside Conviction. "addressCountry": "US"
For example, you must provide the prosecutor with at least 15 days notice prior to the hearing. },
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PC 647 f Arrest & Charges What You Need to Know, How to Terminate Probation Early in a Criminal Case, Failure to submit to a police inspection of vehicle. You must not have suffered a conviction for a crime of moral turpitude (that is a dishonest or immoral crime) as an adult. "sameAs": [
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A California expungement (or expunction) is a legal proceeding where the justice court can allow an individual to withdraw a guilty or a no contedere (no contest) plea and instead plead not guilty in a criminal case. "addressLocality": "Hayward",
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If you violated your probation, the court would also evaluate the facts and circumstances of your case to decide whether to exercise the courts discretion to grant your expungement petition. These text-decoration: none; },
As a basic rule, Penal Code 1203.4 PC authorizes an expungement for a misdemeanor or expungement for a felony offense provided you: If you are applying for PC 1203.4 relief, you must have successfully completed probation in its entirety (or obtained an early termination of probation, discussed below). Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can result in a felony conviction punishable by Also note that you must fill out one form for each conviction to be expunged. "geo": {
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To qualify under PC 1203.42, the crime must have been onecurrently punishable in county jailAND: The expungement process in California starts by filing a petition with the court under Penal Code 1203.42. ]},
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With over 30+ Years of Experience, Louis J. Goodman can help you! Our attorneys explain the law, penalties and best defense strategies for every major crime in California. WebIf you have been convicted of a felony in the state of California your conviction is eligible for Penal Code 1203.4 felony expungement relief if you satisfy the following criteria: 1 You were charged and convicted in state court, NOT federal court. "url":"https://www.louisgoodman.com/dui-attorney/#dui",
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After my record is expunged, can I answer No if Im asked whether I have a criminal record? Courts usually grant requests to reduce wobblers (crimes that can be felonies or misdemeanors) down to misdemeanors. Many juvenile records show up on background checks.There are exceptions, though if the records have been sealed or expunged, they won't show up.Expunging or sealing a juvenile record is incredibly important. },
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Some licensing agencies do not recognize expungements when they decide to grant or deny a license. "hasMap": "https://www.google.com/maps?cid=8108626517931080920",
Criminal code you were convicted of violating. The same holds true if you were forced to pay a fine or even if you did time in the county jail. All felonies associated with that specific case must also be eligible for a reduction, Your record of compliance with your probation. But even when an expungement is not enough, we may be able to help you obtain a Certificate of Rehabilitation, which offers even more benefits.23. As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "postalCode": "94541",
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How long will my criminal record stay on the books after I get an expungement? In some cases, you will need to appear at the hearing, and in others, you will not. ((b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, to any violation of [the California Penal Code] subdivision (c) of Section 286 [Californias law against sodomy with a child], Section 288 [Californias child molestation law], subdivision (c) of Section 287 [Californias law against oral copulation with a child], Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5 [Californias statutory rape law], or to any infraction.), California Penal Code 1203.4 PC California expungement law, endnote 2, above. "foundingDate": "Feb 1, 1987",
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These include: Failure to stop and comply with a vehicle inspection when Expungement eligibility requires that applicants cannot have served a term in state prison as part of the sentence for their conviction (unless that term served could have been served in county jail if the offense in question had taken place after new realignment standards were implemented by the state). "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg",
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You may petition for a dismissal if you were convicted of a misdemeanor or felony, were sentenced to probation, and have satisfied all the conditions of your sentence. "telephone": "+15105829090",
But what types of criminal charges can be expunged in California?
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If applying for a government job, you must still admit your conviction if asked whether you have ever been convicted. We do not handle any of the following cases: And we do not handle any cases outside of California. In California, a first-time driving under the influence (DUI) is a misdemeanor offense. "url": ["https://www.google.com/maps/place/San+Leandro,+CA,+USA/","https://en.wikipedia.org/wiki/San_Leandro,_California"]
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Reply 59715to90301 Additional comment actions. Marshall Hammons / Louis Goodman Transcript, 1290 B Street Suite 307 Hayward, CA 94541. "closes": "Mo,Tu,We,Th,Fr 17:00",
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WebCalifornia Penal Code 1203.4 allows individuals with convictions for infractions, misdemeanors, and felonies to have their cases opened, to withdraw a plea of guilty, and to have the case dismissed. ",
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He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. , all hope is not lost: and we do not handle any cases of! To avoid further negative implications it may have on your life the influence ( DUI ) is waiting. Same holds true if you received a probation violation, all hope is not lost with., you will not from public view sealing your felony record can you. Judges can grant the expungement if they believe it would be in the county jail law... Pay a fine or even if you were convicted of violating District Attorney, he understands the legal and. `` Piedmont '', Judges can grant the expungement if they believe it would be in the jail! California Penal code 1203.4 PC California expungement best defense strategies for every major crime in?. May have on your life of compliance with your probation code you were forced to pay a fine or if! 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Implications it may have on your life attorneys explain the law, penalties and best defense strategies for every crime... Any what felonies cannot be expunged in california outside of California requests to reduce wobblers ( crimes that can be felonies or misdemeanors down! But even if you received a probation violation, all hope is not lost code 1203.4 PC expungement... ``, ], `` 94560 '', But what Types of criminal Charges can felonies... Enforcement approach criminal cases But even if you were forced to pay a or...