How can I get an expungement?
I want to get an expungement on a misdemeanor charge that occurred approximately 10 years ago.
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 for 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. After you obtain an expungement there is a further procedure that an attorney can tell you about.
Answer Applies to: California
Replied: 10/22/2011
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: 10/22/2011
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 Edward J. Blum
There is a form. It is available online (Petition for Dismissal per PC 1203.4) File it with the court where you were sentenced. Pay fee ($120) or request waiver of fee. Wait. The court will grant it within 90 days or so.
Answer Applies to: California
Replied: 10/21/2011
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: 10/21/2011
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: LynchLaw
Getting an expungement could be as simple as filing a petition and then waiting for the court to grant the petition. However, it often gets tricky when the District Attorneys Office objects to the petition and a hearing is set. Petitioning the court on your own is difficult enough without a hearing, the real catch 22 comes when you realize you have no chance against the DA at the hearing and so you try to hire an attorney to represent you. At that point you find how hard it is to find an attorney who will appear in the middle of the petition having nothing to do with the quality of the petition. As with most tasks, if you want it done correctly hire an attorney. If you can't afford an attorney you might try it on your own and just hope the DA does not object to the petition.
Answer Applies to: California
Replied: 10/20/2011
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: 10/20/2011
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
If your misdemeanor charge is one that is eligible to be expunged, you should hire an attorney to file a 1203.4 motion which effectively withdraws your plea of guilty, enters a plea of not guilty, and dismisses your case.
Answer Applies to: California
Replied: 10/20/2011
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: 10/20/2011
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.
Answer Applies to: California
Replied: 10/20/2011
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: 10/20/2011
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
You need to or have your attorney file a Petition for Dismissal with the court to re-open the case, set aside the plea, and dismisses the case. In order for one to qualify for expungement, you must first completed probation, paid all fines and restitution, not served a sentence in state prison for the offense, and not currently charged with a crime. If you meet the requirements, a court may grant the petition if it would be in the interest of justice to do so.
Answer Applies to: California
Replied: 10/20/2011
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: 10/20/2011
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 have successfully completed probation, am not currently on probation for anything else, and have no criminal case(s) pending. Contact an attorney to file the petition for you.
Answer Applies to: California
Replied: 10/20/2011
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: 10/20/2011
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
There is a process of petitioning the Court for the expungement. One of the requirements of being eligible for an expungement is that you satisfied all your terms of probation.
Answer Applies to: California
Replied: 10/20/2011
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: 10/20/2011
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 Thomas J. Ogas
Either contact the Self Help desk at your county criminal courthouse to find out how to do it yourself, or call a local attorney. Most criminal attorneys handle expungements for a flat fee.
Answer Applies to: California
Replied: 10/20/2011
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: 10/20/2011
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
1203.4 Petition- Hire an attorney or go to the clerks office where the case was and get the forms. $120 filing fee.
Answer Applies to: California
Replied: 10/20/2011
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: 10/20/2011
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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