Can I do something to erase my felony assault?
I had a felony assault around 15 years ago. Can I do something to erase that case?
Law Office of Joe Dane
| Joe Dane
Orange, CA
Orange, CA
California doesn't let you "erase" it but you can minimize the impact if you qualify. Assuming you didn't get sentenced to state prison, you can seek a reduction to a misdemeanor and a dismissal under 1203.4 of the Penal Code. That is the best it can be cleaned up since California doesn't have a true "expungement" statute that can erase a case from your record. Talk to a local criminal defense attorney about the specifics and what options are available to you.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Jacob P. Sartz IV., Attorney at Law
My first advice would be to obtain an attorney to assist you with this matter. You may be eligible to expunge that prior conviction. Expunging a crime in Michigan is complicated. This response does not contain specific legal advice. Speaking in general terms, there are several significant obstacles to getting offenses expunged in Michigan. Expunging a criminal charge is great way of clearing up past mistakes. However, there are a series of obstacles. First, a person may expunge only one prior conviction and they can only have "no more than 2 minor offenses in addition to the offense for which the person files an application." MCL 780.621(1). Second, certain offenses cannot be expunged. Traffic offenses for example, even something as simple as driving on a suspended license, a lot of high level or capital felonies, and other offenses as listed in the applicable statutes, cannot be expunged. It depends on which offense is currently on the person's record. Additionally, even if a person only had one offense, if they had issues with probation, i.e., probation violations or other infractions while serving their sentence, that may be obstacle as well. There is also a time limitation. Any effort to expunge an offense cannot commence until five years after the date of conviction. Lastly, expunging an offense from a criminal record takes time, requires a lot of paperwork, carries some notable costs, and eventually, applicants need to appear before a judge and convince the judge that they are worthy of having the offense expunged in order to complete the process. Please consult with and retain a criminal defense attorney to assist you with the process.
Answer Applies to: Michigan
Replied: 11/7/2011
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Answer Applies to: Michigan
Replied: 11/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Harry E. Hudson, Jr.
You might be able to get what is called an expungement. However, you will never be able to erase the fact of the conviction or arrest.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Phil Hache
Some felonies can be expunged, and some can be reduced to a misdemeanor and then expunged.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Barry Melton
You can't erase it; but, in most cases, you can move the court to have the conviction set aside. Assuming you qualify to set aside the conviction, you can also request the court to grant you a certificate of rehabilitation (and, after that, you can request a pardon of the governor's office [but, realistically, pardons are rarely granted].) These are not complete remedies, but they can take some of the "sting" out of a conviction.
Answer Applies to: California
Replied: 10/24/2011
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Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
You need to contact an attorney. It may involve a 2 step process, where a 17b motion is first filed to reduce the felony to a misdemeanor. Once granted, a petition can be filed to expunge the misdemeanor. Contact an attorney about your eligibility.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Robert L. Driessen
It may be possible to get it expunged depending upon the facts of your case. I would advise talking with a criminal defense attorney and see if you qualify.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Daniel K Martin
This is a common question, here are the basic steps to expunge your record. 1. collect proof that you complied with probation. (Do this by going to probation and asking for their records) Go to the court and get proof that you paid any fines or fees to the Superior Court. 2. Write a motion pursuant to California Penal Code Section 1203.4 and Penal Code Section 17(b). Include with the motion a proposed order for the judge to sign. This motion asks the court to reduce the charge to a misdemeanor and to dismiss the case. (If the case is not a wobler, then you do not need the motion pursuant to 17(b) because straight felonies cannot be reduced to a misdemeanor.) Include written proof of compliance with the terms of probation and any written evidence of rehabilitation. Make a total of five copies of the original. (So you will have six total) 3. File the original motion with the court in the county that you were convicted. The court will give you a date that the motion will be heard and the department that the motion will be heard. Ask the clerk to stamp one copy for your records. Write the date, time and department on the remaining copies. Have someone 18 years old or older other than yourself, file a copy of the motion with the Sheriff, Probation department, the District Attorney, and the arresting agency if it was not the same Sheriff's office 4. attend the hearing and the judge will rule. If he grants the motion, he will sign the order. Get a copy of the order and mail it to the California Department of Justice. It is important to understand that if you complied with all of the terms of probation then the judge has to grant the motion. If you violated probation, the judge can grant it but he has the authority to deny it also. A lawyer can help you do this, however if you cannot afford a lawyer you should be able to follow the steps above. You can find more detailed information here Valley Justice.
Answer Applies to: California
Replied: 10/24/2011
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Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Chastaine Law Office
It is possible, if you didn't go to state prison and successfully complete probation to have it expunged pursuant to PC 1203.4.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
For a felony assault charge you can apply for a certificate of rehabilitation. Depending on the facts you may be eligible for an expungement. Also depending on the facts you may get it reduced to a misdemeanor and then expunged.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dennis Roberts, a P.C.
You should Google California Penal Code and look at section 1203.4. Many courts have forms for this. Check with a clerk.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Wallin & Klarich
Nothing will erase it completely The following will help clean you record the best California Law has to offer You may qualify for 1203.4 expungement certificate of rehabilitation or Governor's Pardon.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/24/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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