It is generally only a successful endeavor for individuals who did not serve time in California state prison and those who have completed the terms of their probation. "contactPoint": { ]}, Our attorneys explain the law, penalties and best defense strategies for every major crime in California. The 10-year rule may be waived in truly exceptional circumstances (for example, factual innocence), if the applicant can demonstrate such circumstances warranting a specific need for the pardon.). "postalcode": [ Q. "@type": "openingHoursSpecification", If the judge ruled improperly based on the facts or the law, the higher court might agree to enter an order directing the expungement. "areaServed": [{"@type": "AdministrativeArea", "address": { "@id":"#logo", ]}, ", ", .text-center .social-network a.icoLinkedin:hover { "@type": "GeoShape", "opens": "Mo,Tu,We,Th,Fr 10:00" "url":"https://www.louisgoodman.com/dui-attorney/#dui", "94619", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", Suite 1225 "contactPoint": { Copyright 2023 Shouse Law Group, A.P.C. max-width: 1140px; A felony will stay on your record forever in California unless you choose to take action and get the conviction removed. "https://en.wikipedia.org/wiki/Attorney" }, As a result, you may need to speak with our team about alternative avenues for relief beyond expungement if your criminal record required you to serve time in state prison. Sealing a California juvenile court record provides you with the same benefits as sealing an adult record. }, "subOrganization":[{"@id": "#duioakland"}, "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", California Penal Code 4852.16 PC Pardon; certificate as application; issuance; recommendation. A. These generally include murder, serious violent crimes, and sex crimes involving children. "addressCountry": "US" {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "logo": { As with other states, California has certain factors limiting the circumstances in which you can petition for an expungement. }, text-decoration: line-through; "logo": { }, The juvenile court jurisdiction must have terminated at least five years ago. Expungement in the State of California When you successfully get a conviction expunged, it means that your case is dismissed and any plea you previously entered, such as a guilty plea or a no-contest plea, will be removed. "slogan": "If you are arrested for a DUI in the Newark area, you need to get an attorney, fast! "94550", ), attended all required court appearances (either personally or throughan attorney), and. { "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" } If the court doesnt expunge or seal and destroy the record(s), the conviction(s) will always be a part of your criminal record. var evts = 'contextmenu dblclick drag dragend dragenter dragleave dragover dragstart drop keydown keypress keyup mousedown mousemove mouseout mouseover mouseup mousewheel scroll'.split(' '); ]}, How do I expunge a criminal record in California? "https://www.wikidata.org/wiki/Q758225", } ]} "email": "[email protected]", "url": ["https://www.google.com/maps/place/San+Leandro,+CA,+USA/","https://en.wikipedia.org/wiki/San_Leandro,_California"] "openingHoursSpecification": { { "name": "Albany", width: 100%; "addressCountry": "US" In order to be eligible for expungement, you need to not have served time in state prison. "https://www.wikidata.org/wiki/Q40348", After reducing the felony to a misdemeanor, you may be eligible to If you did not receive probation, it has been at 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. The Law Office of Louis J. Goodman offers free consultations. If the expunged conviction was a strike, it can still be used as a strike in sentencing. }, "postalCode": "94541", Q. .footer-widgets { "https://www.facebook.com/Louis-J-Goodman-493758850690960/", Q. I have a felony and cant get a green card or citizenship. "94560" Contact his office today to schedule a consultation to discuss your situation. It was later updated in 2012 to reflect only extreme or violent felony convictions. Once the proper forms are filled out, they must be filed with the court where the case was heard. To be eligible for a reduction in California, the offense you were convicted of must be a "wobbler", which means you could have been charged with either a felony or "@type": "Offer", margin-left: 0px !important; Orange County criminal defense attorney Bart Kaspero works with individuals across Southern California to help expunge and clear their criminal records to give them a second chance in their careers and personal lives. ]}, "url": ["https://www.google.com/maps/place/Dublin,+CA+94568,+USA/","https://en.wikipedia.org/wiki/Dublin,_California"] In cases where you are actively seeking employment, we can seek to expedite the process. }, "@type": "LegalService", {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ Please complete the form below and we will contact you momentarily. early termination of probation (which must be granted by a court). "offeredBy": {"@id": "#organization"} "priceRange": "$", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "@id": "#duiberkeley", California Penal Code 851.8 PC Sealing and destroying records. display: block !important; "openingHoursSpecification": { In states that do permit expunging felonies, serious crimes like weapons, sex, or violent felonies cannot be expunged. 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. "hasMap": "https://www.google.com/maps?cid=8108626517931080920", "@type": "PostalAddress", "@id":"#livermorearea", Expungement does not mean that all records of your case are deleted or destroyed. "@type": "openingHoursSpecification", "https://en.wikipedia.org/wiki/Misdemeanor" "email": "[email protected]", "@type": "openingHoursSpecification", "94615", ]}, An expungement is a form of post-conviction relief authorized by California Penal Code 1203.4 PC. top: 0; These include: Colorado, 6; California, 7 and; Wisconsin. "@type": "GeoShape", "@id":"#berkeleyarea", ((e) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief. This makes you eligible for permanent residency and ultimately U.S. citizenship. }], However, we will do our utmost to ensure that the context of your violation is clear and that you and your story are judged in a broader context. WebAs someone who struggled with a criminal record for years, I cannot recommend this expungement service highly enough. "containsPlace":[{ #author-info, article.post, article.page{margin-bottom:0 !important;} The most common are: In order to be eligible for sealingajuvenilerecord, two criteria must be met: But even if these two criteria have been met, certain serious crimes cannot be sealed.30These crimes include: Except as set forth above, sealing an arrest record is generally possible if, Also, if you prove that you were factually innocent of the charges, the arrest record will be ordered sealed for 3 years and destroyed thereafter.32. Benny Gold / Louis Goodman Transcript Louis Goodman 00:04 Welcome to Love Thy Lawyer, where we talk to practicing attorneys about their, Kim Kupferer / Louis Goodman Transcript Louis Goodman 00:05 Hello and welcome to Love Thy Lawyer, where we talk to real lawyers about, Hon. "contactPoint": { display: none; "postalcode": [ "address": { ] {"@type": "Thing", "name": "Attorney", "sameAs" : [ "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. "@id":"#piedmontarea", } ]} "addressCountry": "US" "closes": "Mo,Tu,We,Th,Fr 17:00", .text-center .social-network a.icoTwitter:hover { felony probation was successfully completed, and. .footer-logo { .text-center .social-circle li a:hover i, .triggeredHover { "name": "DUI Services", "slogan": "If you are arrested for a DUI in the Emeryville area, you need to get an attorney, fast! 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. .text-center .social-network a.icoRss:hover i,.text-center .social-network a.icoFacebook:hover i,.text-center .social-network a.icoTwitter:hover i, "parentOrganization":{"@id": "#organization"}, "94618", position: relative; "@id": "#organization", Q. "94544", "postalcode": [ A felony will remain on your records forever unless you take action. "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", "@type": "Offer", "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], "@type": "Offer", }, "94623", "@id":"#orgarea", You do not have an outstanding court order or associated fines. "brand": {"@id":"#organization"}, "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", "https://www.wikidata.org/wiki/Q40348", Will you reduce my felony to a misdemeanor prior to expunging the record? "streetAddress": "1290 B St Suite 307", WebCalifornia Penal Code 1203.4 allows individuals with convictions for infractions, misdemeanors, and felonies to have their cases opened, to withdraw a plea of guilty, and to have the case dismissed. "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ ", ]} A. "https://www.wikidata.org/wiki/Q250062", You are applying to become a peace officer or run for public office. A certificate of rehabilitation becomes an automatic application for a Governors Pardon; You cannot be denied a state license without other cause; A COR sends a message to prospective employers that you have overcome your criminal history and are prepared to make a fresh start. "postalcode": [ 4. "contactType": "Customer Service", "name": "DUI Services", "94709", It may be a little easier to explain the convictions that cannot be expunged first. div#Lcom img { (The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing.), See same. /* footer social icons */ .nav_wrapper .menu ul ul, .menu ul ul ul{ "url": ["https://www.google.com/maps/place/Hayward,+CA,+USA/","https://en.wikipedia.org/wiki/Hayward,_California"] Expungement does not, however, destroy or seal criminal records. charged with the commission of any crime. "@type": "LegalService", "name": "Dublin", "sameAs": [ "containsPlace":[{ Or you must obtain a finding of factual innocence (discussed above under section 2. sealing and destroying records).28. In the wake of a probation violation, the court has wide discretion as to whether to grant or denya petition for a PC 1203.4 expungement. 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. You will need to prove to the court that reducing the grading of your charge to a misdemeanor serves the interest of justice. A. 4th 569, 94 Cal. ", "From the initial conversation with Givelle, I felt at ease, and even though she recommended I not hire her, I did anyway for peace of mind. 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