Get on the path to results today.
If you have violated your probation for the conviction you are seeking to expunge, then we cannot guarantee the results. Probation violations does not mean that the felony is not expungeable. Since People v. McLernon, 174 Cal. App. 4Th 569 (2009), courts must now consider all facts, including post probation conduct by the person seeking expungement. The petition must be carefully crafted to help the Judge understand the circumstances that lead to the violation and how you have changed. If a denial does occur that is not the end of the road. You can file a motion for reconsideration or simply wait 1 year and refile.
LOCAL 399 TEAMSTERS AND VETERANS RECIEVE 15% OFF ALL EXPUNGEMENTS (Proof Req.)
Although less serious than a felony, infractions can still be seen on background checks. Originally infractions were not eligible for expungement. The courts realized this was unfair and amended PC 1203.4 with AB 2582 January 2011 to allow certain NON-TRAFFIC infractions to be expunged.
Although less serious than a felony, misdemeanors can still be seen on background checks and can negatively affect your ability to apply for certain jobs, rent property or apply for a loan. Misdemeanors do not automatically "fall off" with the passage of time. Rather, a petition must be filed and granted to be expunged.
Good news is most misdemeanors are eligible for expungement under PC 1203.4.
A DUI or Wet Reckless (Calif. Vehicle Code 23152, 23153 or 23103.5) is one of the most common criminal convictions and one of the most embarrassing due to the stigma it carries. It can also be the most aggravating for life's future endeavors. DUI's also do not automatically "drop off" over time. Once expunged (dismissed) you can answer "No" when asked if convicted a crime.
*Note a DUI cannot be expunged from your DMV record, rather, it will "come off" your DMV record after 10 years per DM.
We file a Felony Reduction to a Misdemeanor then seek a Dismissal in the same paperwork and the same court hearing. Felony's that could have been charged as a misdemeanor, but were in fact charged as a felony are called "wobblers". These types of felonies are expungeable under PC 1203.4 and PC 17(b). Getting your felony expunged withdraws the guilty or no-contest plea and replaces it with a plea of "not guilty". *Note: if you served time in a State PRISON you are not eligible. See Cert. for
A second DUI can be expunged, as well as a third. There is no limitation as to how many DUI's can be expunged. However, it becomes more difficult with multiples. The hope is that the multiple DUI's occurred at a prior time in your life and you have since rehabilitated. We only guarantee the first DUI.
Under California Penal Code 1203.3 we can file a Motion to request a person be released early from their probational period and simultaneously, we seek an expungement. Both Motions can be handled in the same court proceeding.
*Note: At least half of your probation time should be completed before we seek early release from probation.
For those of you that did serve your time in a state PRISON, rather than an expungement, we petition the courts for a Certificate of Rehab. If successful, this creates an automatic application for a Governor's Pardon, The certificate of Rehab does NOT restore gun's rights. You must be granted a Pardon by the Governor's Office. The most likely type of crimes to get pardoned are non-violent crimes, e.g. drug crimes.
Arrests can still be seen in background checks. If you were arrested but never convicted of a crime, then under California Senate Bill 393 (Penal Code 851.87 you are likely eligible to have your arrest record sealed and destroyed. Certain exceptions are not eligible: those with a history of domestic violence, child abuse, elder abuse, etc. It can take up to 30 days for the courts to notify the state agencies. Once your arrest record is sealed this will no longer show up on a background check.
Nov. 8, 2016, California passed The Adult Use of Marijuana Act (AUMA) via Prop 64 which made marijuana legal. Proposition 64 allows recreational use, possession and transportation of certain amounts of marijuana. H&S violations 11358, 11359 & 11360 allows these charges to be reduced to a misdemeanor, then expunged. Prop 64 is retroactive. The law requires the court & DOJ to purge and destroy 11357(b) after 2 years. Court's rarely do this and 11361.5 allows for a petition to purge.
Prop 47, aka The Safe Neighborhoods and Schools Act, has taken 6 non-violent/serious crimes, PC 459,487,496,666,473, 476a, and 3 H&S Codes, 11350,11357, & 11377 and reduced them to misdemeanors had they been able to be charged as a misdemeanor at the time of the offense. For those currently serving time, this allows for resentencing, and release. If already released, then for a reduction to a misdemeanor then expungement. Prop 47 is retroactive no matter the age of the crime.
Add a footnote if this applies to your business
If there is a company offering to expedite the updating of your criminal records on your criminal record after the expungement has been granted for a fee, know that they are defrauding you.
State agencies update automatically within 30 days. In California there are 2 levels of databases, 1) city/county level which contain county superior court records and 2) state level, which contain the Department of Justice's (DOJ) master criminal database. The DOJ, is where your official RAP sheet comes from. The DOJ gathers their information from all the county superior court's records throughout California. Your RAP sheet is automatically updated within 30 days by the DOJ themselves. At the city/county level, your records are updated the same day the court grants the expungement.
NO COMPANY OR LAW FIRM CAN UPDATE YOUR CRIMINAL RECORDS WITH THE STATE AND FEDERAL AGENCIES. NO ONE CAN!
Felony Removal 4 u
Copyright © 2023 Felony Removal - All Rights Reserved
Lysa N. Darden, Attorney at law, P.C.
Powered by GoDaddy Website Builder
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.