If you completed probation successfully you are entitled to an expungement. Each county has a different procedure and it can be done with or without an attorney. 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: 10/31/2011

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.

Once you have successfully completed (or terminated) probation, you are eligible to apply for an expungement. In your case, assuming you are no longer on probation or parole, you may still be at a disadvantage since your offense was so recent. Much of this would depend on what your offense was - I have no idea how serious the crime was or whether it is reducible to a misdemeanor. Assuming it is reducible, it is customary to reduce the felony to a misdemeanor first, then ask for an expungement. Because your situation may be a little trickier, you should probably retain an attorney to help you. However, you may try to simply fill out the packet you obtain from the clerk's office and bring the motion on your own.

Answer Applies to: California
Replied: 10/29/2011

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.

The expungement process in California State court's is pretty simple. The requirements to obtain an expungement on a Misdemeanor conviction are: 1. Complete all terms and conditions of probation. 2. Be off of probation. 3. Not be currently charged with any new crimes, or on probation for any other offense 4. Fill out and file an Expungement Form (Petitioner for Dismissal - Form CR-180) with the Court where you were convicted 5. Schedule your court date with the Criminal Clerk's office at the Courthouse. Keep in mind, certain offenses (i.e., P.C. Sec. 286(c), 288, 288a, 261.5(d), or any offense where you were sentenced to State Prison).

Answer Applies to: California
Replied: 10/28/2011

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.

An expungement is a procedure wherein you petition the court to "erase" your case from the system. However, all law enforcement and government entities will still be able to see the conviction. You typically have to file and argue the motion. In your case, felonies are a little bit trickier. Depending on the charge you were convicted of, it may be possible to reduce the case to a misdemeanor and then move to expunge. Also, the fact that you were remanded into custody and probation was revoked will definitely be considered against you by the court.

Answer Applies to: California
Replied: 10/28/2011

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.

To get a charge expunged, you can not be on parole or probation. Also there may be some issues if you violated probation.

Answer Applies to: California
Replied: 10/28/2011

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.

It needs to be determined if you are eligible. If you spent time in state prison you will not be eligible. You should sit down with an attorney.

Answer Applies to: California
Replied: 10/28/2011

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.

You must successfully complete probation before you can have a case expunged. You can either hire an attorney, or you can do it yourself be going to the clerk's office in the court where you were convicted.

Answer Applies to: California
Replied: 10/27/2011

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.

Because you went to prison, you are not eligible for an expungment.

Answer Applies to: California
Replied: 10/27/2011

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.

Since you served a state prison term due to the revocation/violation, you are not eligible for the statutory 1203.4 remedy (what is commonly known as an expungement). If you had completed the probation successfully without the state prison term, you could have sought that remedy,( even if the original charge is a straight (non wobbler) felony). You now will need to seek a different remedy to clear the conviction. It is known as a certificate of rehabilitation/pardon. The time frame for eligibility varies depending upon different factors. It is best that you contact counsel to advise you regarding your specific case.

Answer Applies to: California
Replied: 10/27/2011

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.

Getting an expungement or having a cased dismissed is what actually happens is pretty straight forward. Here are the steps to get a conviction dismissed. 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. You can begin this process as soon as you are done with probation and in some cases before you are done with probation. I need to clarify something however. You indicated that you went to prison some people refer to jail as prison but they are different. If you went to prison also known as the California Department of Corrections then you cannot get an expungement. Expungement is limited to people who did not go to prison. You must apply for a certificate of rehabilitation. You cannot apply for a certificate of rehabilitation until you have been free from incarceration for seven years. If you spent six months in jail then you can move the court for the expungement described above. A lawyer can help you do this, however if you cannot afford a lawyer you should be able to follow the steps above.

Answer Applies to: California
Replied: 10/27/2011

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.

Google Calif Penal Code and look at 1203.4 That's the expungment statute. Clerks usually have forms to do this. You can apply once probation is finished and you have no new cases pending.

Answer Applies to: California
Replied: 10/27/2011

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.

You will need an attorney. First a 17b motion has to be filed to reduce the charge to a misdemeanor. Once granted, an attorney can then proceed to petition the court to expunge the misdemeanor.

Answer Applies to: California
Replied: 10/27/2011

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.

You can file a 1203.4 expungement motion as soon as you are finished with probation. You can file this yourself through the county probation office or you can hire counsel to file the motion and represent you at the formal hearing on the motion.

Answer Applies to: California
Replied: 10/27/2011

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.

Prison sentence prohibits expungement.

Answer Applies to: California
Replied: 10/27/2011

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.