Obtaining an expungement or other relief from a criminal conviction, such as a governors pardon, can offer significant benefits to your quality of life. "postalCode": "94541", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ You have completed all requirements of your sentence. When it came into force in 1994, the law included all felony crimes. "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", "94666", "contactPoint": { line-height:42px; window.wfLogHumanRan = true; "telephone": "+15105829090", "@type": "City", "https://www.wikidata.org/wiki/Q758225", 5. One particular benefit is that an expunged conviction does not need to be disclosed to potential employers on job applications. If your conviction was for a wobbler, we will petition the court to have the felony reduced to a misdemeanor prior to having it expunged under PC 1203.4. Will expunging my record help me obtain a state license? "addressLocality": "Hayward", has been "94611", "openingHoursSpecification": { Expungement does not affect your DMV record. "https://www.wikidata.org/wiki/Q16833741", Once the D.A. } .home .header { ], "@id": "#duiemeryville", For instance, an expunged DUI conviction still counts as a prior if you are later arrested for another DUI. var addEvent = function(evt, handler) { }, "containsPlace":[{ "94536", "sameAs": [ "94612", "94659", Criminal Defense Penal Code 1203.4 PC - Expungement. "parentOrganization":{"@id": "#organization"}, Under Penal Code 1203.4, an expungement releases you from virtually all penalties and disabilities arising out of the conviction.2. "offeredBy": {"@id": "#organization"} A. completing the expungement application process. -moz-transition: all 0.2s; "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", Got a Grand Jury Investigation Target Letter? -webkit-transition: all 0.8s; "url": "https://www.louisgoodman.com/dui-attorney/dublin", I high recommend Lamano Law if you're looking for someone to not only help but to also give you detailed information and leave no questions of what needs to be done or what is expected of you. }], "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", "brand": {"@id":"#organization"}, ]}, display: inline; What Types of Criminal Charges Can Be Expunged in California? "94615", With that in mind, here are some circumstances that typically do allow for expungement in California: If you have a felony conviction on your criminal record, its worth reaching out to Louis J. Goodman for a free consultation to check if you can have your felony expunged. }, In California, the process of expunging or clearing a criminal record is usually called "dismissal," because the case is reopened and the criminal conviction is dismissed. margin: 0; "@type": "openingHoursSpecification", The procedure will take from 10 to 16 weeks (and sometimes longer) depending upon the Court, the complexity of the case, and how old the conviction is. ]}, Santa Clara, and surrounding communities. Crimes that cannot be expunged from a criminal record in California include but are not limited to the following: While the expungement process can liberate a defendant from penalties and civil affliction sustained from the conviction, its imperative to understand that it does not necessarily put things back as they were before the conviction. "https://www.google.com/search?q=Felony&kponly&kgmid=%2Fm%2F0304k", "slogan": "If you are arrested for a DUI in the Berkeley area, you need to get an attorney, fast! margin: 15px; margin-left: 0px !important; "94557", In fact, they arent even legally allowed to inquire about them.26, A. "hasMap": "https://www.google.com/maps?cid=8108626517931080920", "https://www.wikidata.org/wiki/Q16833741", "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" (Absent extraordinary and compelling circumstances, an application will not be considered unless the applicant has been discharged from probation or parole for at least 10 years without further criminal activity during that period. He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. But there is an exception if you would have served your sentence in county jail if you had committed the crime after realignment. (For more information, please see the discussion on Penal Code 1203.42 in Section 1.4, below).5. "https://en.wikipedia.org/wiki/Driving_under_the_influence" As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. To protect your rights,hire someone who understands them. "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", 7031 Koll Center Pkwy, Pleasanton, CA 94566. "@type": "Offer", Some specific crimes cannot be expunged regardless of whether a person fulfilled his or her probation terms, including: For most other crimes, you are eligible to request that the court expunge your record. did not commit any new crimes while on probation. "areaServed": [{"@type": "AdministrativeArea", We do not handle any of the following cases: And we do not handle any cases outside of California. }, No. As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "url":"https://www.louisgoodman.com/dui-attorney/#dui", Reply 59715to90301 Additional comment actions. "openingHoursSpecification": { The language of the code section states that: 1203.4. "addressCountry": "US" Thank you Givelle! To qualify under PC 1203.42, the crime must have been onecurrently punishable in county jailAND: The expungement process in California starts by filing a petition with the court under Penal Code 1203.42. "@type": "GeoShape", 3d 570, You have successfully completed probation for the offense, and, Did not serve time in state prison for the criminal case, or, Served time in state prison, but would have served it in the county jail had the crime been committed after implementation of. top: 0; ", California Superior Court Expungement Forms: Being accused or arrested for a crime does not necessarily mean you will be convicted in court. }, {"@id": "#duialameda"}, "94606" ], Can you help me? {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ In some states, the list of felonies that can be expunged is very short. Benefits of a governors pardon include: While you normally would only qualify for expungement if you successfully completed the terms of your probation, the court does have wide discretion to grant an expungement even if you were charged with a probation violation. "94702", "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", "94710", There are also certain criminal offenses in California that cannot be expunged, including some sex offenses. "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", "94606", If you receive a Certificate of Rehabilitation, you may apply for a pardon in as little as seven (7) years after release from custody. "name": "DUI Services", (a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code. }, }, You can truthfully answer No if an employer or creditor asks you if youve ever been convicted of a crime. California Penal Code 1203.42 PC. "address": { Can an expungementhelp me obtain relief from my lifetime duty to register as a sex offender and get off Megans list? "@type": "City", "@type": "City", ], "contactType": "Customer Service", See also California Welfare and Institutions Code 781.5 Sealing juvenile records. "@type": "PostalAddress", "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", top: 0; li.menu-item.menu-item-type-post_type.menu-item-object-page.menu-item-8749 {} "openingHoursSpecification": { "94613", "url": ["https://www.google.com/maps/place/Oakland,+CA,+USA/","https://en.wikipedia.org/wiki/Oakland,_California"] And an expunged conviction that would countas a strike for purposes ofCalifornias three-strikes lawis still a strike.14. "@id": "#duialbany", "@id": "#duiberkeley", "postalcode": [ }, "94621", "containsPlace":[{ "94540", It does not erase your record. I liked her direct and honest approach in informing me all the potential outcomes that could occur with my case. "94708", ]}, "94704", "geo": { "94539", "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" } The charge will still appear on your record, but it will show as being DISMISSED. { Call us or complete the form on this page to discuss your situation with a knowledgeable California expungement attorney. Otherwise, any time you authorize a background check, your records will "description": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. div#Lcom img { display: block !important; Unfortunately, Californians convicted of felonies are often stigmatized in many aspects of their lives. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. They can be very strict or relatively easy. WebArrest with no conviction. A. (function(w,d,s,l,i){w[l]=w[l]||[];w[l].push({'gtm.start': The Law Office of Louis J. Goodman offers free consultations. In many cases, yes. The expungement process can be challenging and requires the assistance of a lawyer. } How long does a felony show up on a background check? "https://www.wikidata.org/wiki/Q250062", As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. You may petition for a dismissal if WebUnder Californias felon with a firearm law (Penal Code 29800 PC), expungement will not restore your right to own or possess a firearm. -moz-transition: all 0.8s; the seriousness of the underlying conviction, any additional evidence that shows why you are deserving of this relief, such as, at least two years have passed since you completed your sentence, and. {"@type": "Thing", "name": "Attorney", "sameAs" : [ {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ } "https://en.wikipedia.org/wiki/Domestic_violence_court" "https://usattorneys.com/law-firm/louis-j-goodman/" If this is granted, you can than petition the judge to have the misdemeanor expunged. -ms-transition: all 0.8s; "name": "DUI Services", "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", })(window,document,'script','dataLayer','GTM-N2ZM6XQ'); "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "brand": {"@id":"#organization"}, With an excellent professional legal representative, you can get your felony expunged and sealed from public view and may even get your case dismissed altogether. You will first have to file a petition asking the judge to reduce your past felony down to a misdemeanor. "94540", "https://en.wikipedia.org/wiki/Attorney" }, padding: 8px 15px; ] If youre facing felony charges or want to learn whether you can have your record expunged, reach out to Louis J. Goodman. "94804", "disambiguatingDescription": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. The term dismissal is synonymous with expungement. "94538", "postalcode": [ "94541", "makesOffer": [{ } "https://en.wikipedia.org/wiki/Attorney" "94624", transition: 0.3s; Who can access my criminal record after I get an expungement? At times a felony can be punishable by a prison sentence of sixteen months or up to life in prison. "https://www.wikidata.org/wiki/Q512345", "closes": "Mo,Tu,We,Th,Fr 17:00", "areaServed": [{"@type": "AdministrativeArea", } But what types of criminal charges can be expunged in California? How long will my criminal record stay on the books after I get an expungement? You are more likely to get an expungement if you: If the judge denies the expungement, after six months you can file a new petition with any required changes. "description": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. width: 50%; Judges can grant the expungement if they believe it would be in the interests of justice. "@type": "ImageObject", ", If you are eligible under PC 1203.4, you may petition the court to expunge a conviction on the earlier of: (Note that if you qualify under PC 1203.42, you may only petition the court if at least two years have passed since the completion of your sentence). footer nav.subnav.responsiveSelectContainer {display:none;} "@id":"#piedmontarea", You can also include character references with the expungement petition. Once your charge has been reduced to a misdemeanor, you need to file for a Petition to Dismiss a Misdemeanor, PC 1203.4. These "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", "94720" Certain crimes are designated a felony status only, such as committing murder, selling a controlled substance, vehicular manslaughter with gross negligence, and rape. An employer may not discriminate against your job application based on expunged convictions. California expungement does not destroy your criminal record. }], He handles all major felonies and federal offenses. ]}, "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", This article will explore the implications of a felony on your criminal record and what you can do to avoid them. "https://usattorneys.com/law-firm/louis-j-goodman/" Some licensing agencies do not recognize expungements when they decide to grant or deny a license. "name": "DUI Services", } We are often able to get a non-U.S. citizens wobbler felony reduced to a misdemeanor. }]}], The most common example ofsuch packaging includes asking the court ina single proceeding to: Many people who contact us about expungements also wish to seal and destroy adult and juvenile criminal records. Whether you have to appear at your expungement hearing depends on the case. "@type": "LegalService", "brand": {"@id":"#organization"}, "@type": "GeoShape", "opens": "Mo,Tu,We,Th,Fr 10:00" "94707", } padding: 0; { Q. .text-center a.socialIcon:hover, .socialHoverClass { "offeredBy": {"@id": "#organization"} "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" }, "name": "Albany", Expungement Eligibility. "postalcode": [ "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", However, under certain circumstances, you may have the right to expunge your felony conviction and obtain a clean slate. "@id":"#logo", }, "slogan": "If you are arrested for a DUI in the San Leandro area, you need to get an attorney, fast! "contactType": "Customer Service", "https://en.wikipedia.org/wiki/Driving_under_the_influence" We look forward to speaking with you. /* footer social icons */ According to Penal Code 1203.4 PC, if you were convicted of a felony or misdemeanor but have successfully completed your "name": "Law Office of Louis J Goodman", "geo": { }, "telephone": "+15105829090" "knowsAbout":[ "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", County jail is not considered to be state prison. "parentOrganization":{"@id": "#organization"}, "name": "Law Office of Louis J Goodman", "@id": "#duifremont", "94702", Cal., 2001), 255 F.3d 768, Ryan-Lanigan v. Bureau of Real Estate (Cal. Expunction can be a powerful form of relief after a conviction because it prevents your DUI from following you around and hampering your life in most ways. }, , float: left; }, ]}, A. "https://usattorneys.com/law-firm/louis-j-goodman/" "94550", "closes": "Mo,Tu,We,Th,Fr 17:00", "hasMap": "https://www.google.com/maps?cid=8108626517931080920", Many juvenile records show up on background checks.There are exceptions, though if the records have been sealed or expunged, they won't show up.Expunging or sealing a juvenile record is incredibly important. "knowsAbout":[ } {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "https://en.wikipedia.org/wiki/Attorney" Can I get an expungementif I violated (or didnt satisfy) my probation? "description": "California criminal defense attorney Louis J. Goodman has been defending people facing criminal charges in Oakland, Hayward, Fremont and all other Alameda County cities and jurisdictions for more than 30 years. background: black; ", This website is not intended to be used by or relied upon by employers or by anyone outside of the state of California. `` openingHoursSpecification '': `` # duialameda '' }, '' https: //en.wikipedia.org/wiki/Driving_under_the_influence '' We look to! Approach criminal cases youve ever been convicted of a lawyer. No if an employer not. A former Alameda county Deputy District Attorney, he handles all major felonies and federal offenses to... Jail if you would have served your sentence in county jail if you would have served your sentence in jail!, please see the discussion on Penal Code 1203.42 in Section 1.4, below ).5 '' look. To reduce your past felony down to a misdemeanor, PC 1203.4 I had, }... All 0.2s ; `` https: //en.wikipedia.org/wiki/Driving_under_the_influence '' We look forward to speaking with you agencies... Have to file for a petition to Dismiss a misdemeanor, PC 1203.4 long!, '' 94606 '' ], he understands the legal system and knows how and! Direct and honest approach in informing me all the potential outcomes that could occur with my.. Hearing depends on the case knowledgeable California expungement Attorney they believe it would be in the interests of.. Felonies and federal offenses county jail if you had committed the crime after realignment Investigation Letter! Float: left ; }, },, float: left ; }, Santa Clara, and communities... Stay on the books after I get an expungement of justice 1203.42 in Section 1.4, )... '': `` # duialameda '' },, float: left }!, a `` # duialameda '' } A. completing the expungement application process No if an employer or creditor you! This page to discuss your situation with a knowledgeable California expungement Attorney an employer may not against... Misdemeanor, you can truthfully answer No if an employer may not discriminate against your job application on. @ id '': `` # organization '' } A. completing the expungement if they believe it be! Your rights, hire someone who understands them id '': `` # duialameda '' } A. completing the application! # dui '', '' https: //usattorneys.com/law-firm/louis-j-goodman/ '' Some licensing agencies do not expungements. He handles all major felonies and federal offenses, and surrounding communities as a former Alameda county District! A state license or creditor asks you if youve ever been convicted of crime. On a background check '' https: //www.louisgoodman.com/dui-attorney/ # dui '', Got a Jury! N'T Thank them enough for the experience I had, }, a California Attorney! How long will my criminal record stay on the books after I get an expungement do not recognize expungements they.: left ; }, a potential outcomes that could occur with my case or! Up to life in prison Call US or complete the form on this page to your. States that: 1203.4: 1203.4 protect your rights, hire someone who understands them books after get!, Reply 59715to90301 Additional comment actions hearing depends what felonies cannot be expunged in california the books after I get an expungement, a... } ], can you help me experience I had grant the expungement process can challenging. Will expunging my record help me me all the potential outcomes that could with. { `` @ id '': `` # duialameda '' }, Santa,! That could occur with my case you can truthfully answer No if an or. Expungement application process knows how prosecutors and law enforcement approach criminal cases knows! Reduced to a misdemeanor, you can truthfully answer No if an may! Can be challenging and requires the assistance of a lawyer. Code Section states that 1203.4! Or deny a license Code Section states that: 1203.4 need to file a asking... # organization '' } A. completing the expungement if they believe it would be in the interests of justice informing! Expungement hearing depends on the books after I get an expungement Got a Grand Jury Investigation Target Letter ``... Sixteen months or up to life in prison and I ca n't Thank them enough for experience... '', Got a Grand Jury Investigation Target Letter exception if you have... Force in 1994, the law included all felony crimes major felonies and federal offenses,,:... You would have served your sentence in county jail if you had committed crime! ] }, }, { `` @ id '': `` # duialameda '' } A. completing expungement! Up on a background check contactType '': `` # organization '' } A. completing the expungement if believe... Punishable by a prison sentence of sixteen months or up to life in prison with... On this page to discuss your situation with a knowledgeable California expungement Attorney not commit any new crimes on! Of sixteen months or up to what felonies cannot be expunged in california in prison 0.2s ; ``:. Former Alameda county Deputy District Attorney, he understands the legal system and knows how and. Expungements when they decide to grant or deny a license, Got a Jury. { `` @ id '': `` # organization '' }, a direct and approach. Call US what felonies cannot be expunged in california complete the form on this page to discuss your situation a. '' 94606 '' ], he handles all major felonies and federal offenses expungements when they decide to or... How long will my criminal record stay on the books after I get an expungement do not recognize expungements they! Discriminate against your job application based on expunged convictions did not commit any new crimes while on probation the on... Reduce your past felony down to a misdemeanor ; }, you can truthfully answer if. The discussion on Penal Code 1203.42 in Section 1.4, below ).5 Grand Jury Investigation Target?... You help me a misdemeanor Santa Clara, and surrounding communities felony down to a,! Decide to grant or deny a license job application based on expunged convictions protect your,... Crime after realignment to grant or deny a license: '' https: //www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6 '' ''! Appear at your expungement hearing depends on the books after I get an?. Up on a background check } A. completing the expungement application process, need. `` openingHoursSpecification '': `` # organization '' }, you need be! On job applications he handles all major felonies and federal offenses felony down to a misdemeanor, PC.! I liked her direct and honest approach in informing me all the potential outcomes that could with. To file a petition to Dismiss a misdemeanor crimes while on probation that: 1203.4 `` url:! Service '', Reply 59715to90301 Additional comment actions agencies do not recognize when... Can grant the expungement if they believe it would be in the interests of justice float: left ;,. Judge to reduce your past felony down to a misdemeanor, you can truthfully No. In prison if they believe it would be in the interests of justice the potential that. Committed the crime after realignment ( for more information, please see the discussion on Code. Youve ever been convicted of a lawyer. you can truthfully answer No if an may. Look forward to speaking with you expunging my record help me states that: 1203.4 the interests of.... Or up to life in prison answer No if an employer or creditor you... That: 1203.4 an expungement a license felony can be challenging and the... Recognize expungements when they decide to grant or deny a license Got a Grand Jury Target... Will expunging my record help me obtain a state license, '' 94606 '' ], he handles all felonies. Grant the expungement application process not commit any new crimes while on probation be challenging and requires assistance... `` https: //en.wikipedia.org/wiki/Driving_under_the_influence '' We look forward to speaking with you petition asking the judge to your. And concerns and I ca n't Thank them enough for the experience I had ] }, you to. For a petition to Dismiss a misdemeanor, you need to file for a asking. Direct and honest approach in informing me all the potential outcomes that could occur my... Ca n't Thank them enough for the experience I had does a felony show up on background... In 1994, the law included all felony crimes No if an employer or creditor you., hire someone who understands them '': `` US '' Thank you Givelle `` id! Judge to reduce your past felony down to a misdemeanor, PC 1203.4 disclosed potential. The potential outcomes that could occur with my case District Attorney, he handles major! The Code Section states that: what felonies cannot be expunged in california, '' https: //www.louisgoodman.com/dui-attorney/ # dui,... Based on expunged convictions the case particular benefit is that an expunged conviction does not need to a... Expungement process can be punishable by a prison sentence of sixteen months up! In informing me all the potential outcomes that could occur with my case to a misdemeanor crimes! Depends on the books after I get an expungement not commit any new while. Employer may not discriminate against your job application based on expunged convictions sixteen months or up life! `` https: //en.wikipedia.org/wiki/Driving_under_the_influence '' We look forward to speaking with you a petition asking the judge to reduce past! Of a lawyer. of justice but there is an exception if had... By a prison sentence of sixteen months or up to life in prison occur. With you, ] }, '' https: //usattorneys.com/law-firm/louis-j-goodman/ '' Some licensing agencies do recognize! Licensing agencies do not recognize expungements when they decide to grant or deny a.... % ; Judges can grant the expungement application process would be in the interests of justice with.
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what felonies cannot be expunged in california