How can I expunged my felony and misdemeanor record?
I have a felony and misdemeanor conviction on my record from 10 years ago and it hinders my ability to get a job. I would like to have my record expunged.
The Law Offices of Christopher J. McCann
| Christopher J. McCann
Santa Ana, CA
Santa Ana, CA
You should consult with a lawyer about getting these cases expunged. There are certain procedures that should be followed, including reducing the felony (if possible) to a misdemeanor prior to expungement. In addition, only a lawyer can give you proper advice as to what you must still report to certain employers and on certain applications with regard to your prior convictions. Expungements do not mean that the cases are gone forever for all purposes. Contact an attorney for more specific advice.
Answer Applies to: California
Replied: 11/3/2011
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: 11/3/2011
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 Martina Vigil
An attorney can do this for you for a reasonable price. A 1203.4 motion is brought - and maybe a 17(b) which reduces your felony to a misdemeanor - and the Court will dismiss your conviction if there have been no new arrests or criminal charges.
Answer Applies to: California
Replied: 11/9/2011
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: 11/9/2011
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 Peter F. Goldscheider
Each county has a different procedure and it can be done with or without an attorney. Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. If you completed probation successfully you are entitled to one for a felony or misdemeanor offense. Your felony is also subject to being reduced to a misdemeanor. An attorney could help too. He or she would likely seek the route of a formal motion before the court which also could be done much sooner than the administrative way. Costs vary with attorney to attorney. In such things where the lawyer makes a difference you get what you pay for.
Answer Applies to: California
Replied: 11/4/2011
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Answer Applies to: California
Replied: 11/4/2011
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 Paula Drake
Your remedy will depend on the type of felony, your sentence, and whether you meet other criteria. Some felonies can be reduced to misdemeanors, then "expunged"; others cannot be reduced but can still be expunged, while others cannot be expunged. You should contact a lawyer to discuss the specifics of your charges to determine what you can do.
Answer Applies to: California
Replied: 11/3/2011
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: 11/3/2011
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: Kaman Law Office
California does not have an expungement procedure so there is no way you can erase your record. The closest equivalent is PC 1203.4 (probation) and 1203.4(a)(misdemeanors and infractions) which are petitions for dismissal. If you have your convictions dismissed, however, the arrest and conviction still shows on your criminal record along with a notation that the convictions were dismissed. Some employers will regard this as evidence of rehabilitation so it may be worth your while for that reason. Technically you can answer "no" to a private employer's question about convictions but the record of it is still out there and may show up in a background. Applicants for certain jobs (police, fire, EMT) must still disclose the conviction as must applicants for state licenses or anyone wishing to contract with the state lottery.
Answer Applies to: California
Replied: 11/3/2011
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: 11/3/2011
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
The question of expunging your misdemeanor and felony record depends greatly on that the charges. For misdemeanor crimes a petition for expungement may be filed. For felonies a petition for a certificate of rehabilitation is needed. Completing your probation and parole is a requirement for both. If you meet all the other requirements and your petitions are approved this will help in obtaining a job.
Answer Applies to: California
Replied: 11/3/2011
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: 11/3/2011
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
The misdemeanor can be expunged right away, assuming you are not currently on any other probation and have no criminal case(s) pending. The felony is more complicated. The lawyer has to first file a 17b motion to reduce the charge to a misdemeanor, followed by a petition to expunge the misdemeanor. Contact a lawyer about your eligibility.
Answer Applies to: California
Replied: 11/3/2011
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: 11/3/2011
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.
Google CALIFORNIA PENAL CODE and look at 1203.4 That sets out the procedure. Most court clerks have the form available at no charge. If you are finished with probation and not currently on probation from a new case or have a case pending you are eligible.
Answer Applies to: California
Replied: 11/3/2011
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: 11/3/2011
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 Tracey S. Sang
You can get a packet from the clerk's office and do it yourself. However, it is obviously better to have the help of an attorney especially as you may want to have the felony reduced to a misdemeanor before expunging it.
Answer Applies to: California
Replied: 11/2/2011
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: 11/2/2011
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.
There really is no such thing as an expungement in California if you mean to have the record erased. You can get a dismissal under 1203.4 if you qualify, no prison. Given the age of your convictions, you might also consider an application for a certificate of rehabilitation. 1203.4 relief does not relieve you from the requirement of telling government employers or licensing agencies about the conviction. Most employers do background checks. So even a 1203.4 dismissal still shows up.
Answer Applies to: California
Replied: 11/2/2011
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: 11/2/2011
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
This is possible. If you qualify you have to file a petition.
Answer Applies to: California
Replied: 11/2/2011
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: 11/2/2011
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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