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. "94661", Those convicted will automatically have a felony on their criminal record. "94709", display: none; "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. A criminal defense attorney knows which forms to use for each situation. "postalCode": "94541", "94537", ]}, }, Contact his office today to schedule a consultation to discuss your situation. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. "94614", whether you were convicted of a misdemeanor or a felony. "openingHoursSpecification": { As with other states, California has certain factors limiting the circumstances in which you can petition for an expungement. ], {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ With over 30+ Years of Experience, Louis J. Goodman can help you! "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", Date of conviction. WebDismissal in California If You Were Convicted of a Crime You were convicted of a misdemeanor or felony and sentenced to probation. ]} The prosecutor decides whether the defendant will be charged with a felony or a misdemeanor. "94615", ] {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ For more information on California Felony Expungements, click here! "94618", "https://www.wikidata.org/wiki/Q16833741", "containsPlace":[{ "94623", Sealing your felony record can help you to avoid further negative implications it may have on your life. "postalcode": [ "94621", How long till a felony is off your record in California? "@type": "LegalService", ", ]} "contactPoint": { "makesOffer": [{ "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", While expungement can clear your record under certain circumstances, it will not erase any media coverage, social media content, or damage your public reputation may have sustained during the trial or as a result of the conviction. "@id": "#duialameda", "contactPoint": { "contactPoint": { Rather than the federal courts, state courts handle the expungement process. "name": "DUI Services", "94502", "https://en.wikipedia.org/wiki/Driving_under_the_influence" Expungement does not affect your DMV record. ((b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, to any violation of [the California Penal Code] subdivision (c) of Section 286 [Californias law against sodomy with a child], Section 288 [Californias child molestation law], subdivision (c) of Section 287 [Californias law against oral copulation with a child], Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5 [Californias statutory rape law], or to any infraction.), California Penal Code 1203.4 PC California expungement law, endnote 2, above. Reply 59715to90301 Additional comment actions. "postalCode": "94541", These generally include murder, serious violent crimes, and sex crimes involving children. li.menu-item.menu-item-type-post_type.menu-item-object-page.menu-item-8749 {} "slogan": "If you are arrested for a DUI in the Alameda area, you need to get an attorney, fast! "contactPoint": { But then information companies began indexing criminal court records into vast national databases that could be searched by name and date of birth. "@context": "https://schema.org", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "https://usattorneys.com/law-firm/louis-j-goodman/" "streetAddress": "1290 B St Suite 307", there is no pending civil litigation based on the juvenile incident. "@type": "ImageObject", And you can deny ever having a criminal record in most situations. Q. ]}, { A criminal record with a felony conviction can have major implications for your future. You can get these forms from the courthouse or download them online. "telephone": "+15105829090", $("body").addClass("stickyHeader"); "94613", }, "@type": "ImageObject", "containsPlace":[{ "https://www.facebook.com/Louis-J-Goodman-493758850690960/", In these situations, The court will hold a special hearing to determine whether you are nonetheless a good candidate for expungement.7. 2.4. There are number of circumstances in which you may be eligible to expunge a felony in California. position: fixed; /* "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", This can be extremely significant for avoiding a felony record, restoring or maintaining gun rights. }], "sameAs": [ These states include: In some states, the list of felonies that can be expunged is very short. , "94618", The charge will still appear on your record, but it will show as being DISMISSED. .logo-directions .title:after { completed all the terms of your probation (that is, paid all fines and restitution, completed any counseling programs, community service, etc. {"@id": "#duihayward"}, committed a felony or misdemeanor and were not incarcerated in the California state prison, fulfilled the terms of your probation, and. ((e) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days notice of the petition for relief. "https://www.wikidata.org/wiki/Q40348", "https://www.wikidata.org/wiki/Q40348", For example, if you were ordered to serve probation in lieu of going to jail or prison, that conviction could be eligible for expungement. How long does a felony show up on a background check? "name": "DUI Services", Marshall Hammons / Louis Goodman Transcript, 1290 B Street Suite 307 Hayward, CA 94541. "streetAddress": "1290 B St Suite 307", But legally if a conviction has been expunged, they may not use it to deny you employment. This will tell the potential employer that a California court has said you are ready to make a fresh start. .text-center .social-network a.icoFacebook:hover { However, there are a few exceptions where even a first time DUI may be charged as a felony. "offeredBy": {"@id": "#organization"} footer nav.subnav.responsiveSelectContainer {display:none;} }, {"@type": "Thing", "name": "Attorney", "sameAs" : [ { He handles all major felonies and federal offenses. 4th 569, 94 Cal. "address": { "@type": "Offer", If you served time in a state prison (as opposed to a county prison) for your crime, then your conviction cannot be expunged. y=l.getElementsByTagName(r)[0];y.parentNode.insertBefore(t,y); your overall performance while on probation. "opens": "Mo,Tu,We,Th,Fr 10:00" Or we may be able to get a conviction set aside completely. Let an Oakland felony expungement lawyer from Lamano Law Office take care of all the details of your expungement petition so that you can feel at ease knowing we are fighting for your best interests and focus your energy on other aspects of your life. {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ He handles all major felonies and federal offenses. ", See also. transform-origin:0 0; California Penal Code 4852.16 PC Pardon; certificate as application; issuance; recommendation. This process should have been done by July 1, 2020. "url": ["https://www.google.com/maps/place/Berkeley,+CA,+USA/","https://en.wikipedia.org/wiki/Berkeley,_California"] ]} "url": ["https://www.google.com/maps/place/Hayward,+CA,+USA/","https://en.wikipedia.org/wiki/Hayward,_California"] WebArrest with no conviction. The Law Office of Louis J. Goodman offers free consultations. California Superior Court Expungement Forms: Being accused or arrested for a crime does not necessarily mean you will be convicted in court. "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "telephone": "+15105829090", 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. "image": { {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" Shouse Law Group has wonderful customer service. "94502", Bart Kaspero is an experienced criminal defense and regulatory attorney who has focused on using technology and the law in bringing privacy to criminal records. Examples of wobbler felonies include vandalism, forgery, domestic violence, sexual battery, and assault using a deadly weapon. He will ensure a discrete and supportive attorney-client relationship and help you prepare an aggressive defense for your case. .elementor-shortcode .profile-description h2 a { }], "@id": "#duidublin", California Penal Code 1203.42 PC. Otherwise, any time you authorize a background check, your records will A. "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", These generally include murder, serious violent crimes, and sex crimes involving children. {"@id": "#duiberkeley"}, 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. "@context": "https://schema.org", Once your paperwork is complete, you can file your petition and documentation with the courthouse at which you were convicted. 'https://www.googletagmanager.com/gtm.js?id='+i+dl;f.parentNode.insertBefore(j,f); "https://usattorneys.com/law-firm/louis-j-goodman/" She has represented people from all walks of life including gang members in prison appealing their life sentences [], Serving the Oakland - San Francisco Bay Area. "https://www.wikidata.org/wiki/Q16833741", ]}, }, As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. }], ]}, This is because in order to seal a record the judge must declare you factually innocent. ", "https://www.wikidata.org/wiki/Q758225", A Certificate of Rehabilitation (COR) is a court order stating you have been rehabilitated from your criminal past.24, You must wait between seven (7) and ten (10) years after being released from custody, depending on the specific offense for which you were convicted.25. "contactType": "Customer Service", ]}, "https://www.wikidata.org/wiki/Q16833741", People who often access criminal records include: Q. (Cal. c[a]=c[a]||function(){(c[a].q=c[a].q||[]).push(arguments)}; "@type": "City", }, .broken_link, a.broken_link { "openingHoursSpecification": { ] "name": "DUI Services", "contactPoint": { But even when an expungement is not enough, we may be able to help you obtain a Certificate of Rehabilitation, which offers even more benefits.23. 1.3. "address": { document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 7755 Center Ave. "geo": { "94545", "94609", Had two felonies reduced via 17b and then expunged. Unlike a misdemeanor charge, felonies tend to come with more severe sentences and can critically affect your rights. } "@type": "PostalAddress", In many cases, yes. Expungement of criminal records in California under Penal Code 1203.4 isnt available to everyone with a conviction on their record, but it there is hope for many people who have been convicted of misdemeanors or felonies. Contrary to popular belief, being convicted of a felony does not deprive your right to vote. } "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", "94612", "geo": { "94601", "priceRange": "$", 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. "streetAddress": "1290 B St Suite 307", "slogan": "If you are arrested for a DUI in the Dublin area, you need to get an attorney, fast! "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", }, All felony crimes will be visible on your record for those performing background checks to access unless you take action to have it removed. "slogan": "If you are arrested for a DUI in the Newark area, you need to get an attorney, fast! "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", "https://www.wikidata.org/wiki/Q250062", "94536", "94552", "geo": { ]} "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" A Governors Pardon is the ultimate relief from the penalties and disabilities associated with a criminal conviction.27, You must usually wait at least ten (10) years after being discharged from probation or parole in order to apply to the governor for a pardon. }, There is no jury. But non-wobbler felonies can only be reduced to a misdemeanor by filling out a form pursuant to PC 17(b)(3). "94611", WebIndividuals convicted of felonies are only unable if they are incarcerated or on active parole during an election. WebThe Court Cannot Expunge Some Sex Crime Convictions in California. "name": "Louis J. Goodman | Alameda County Criminal Defense Attorney", "telephone": "+15105829090" "logo": { "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", "@context": "https://schema.org", margin:0 auto 0 auto; "name": "Law Office of Louis J Goodman", "94550", .g-recaptcha { In California, felony sentences are divided into one of three terms, depending on the crimes severity: Low term Middle term High term "addressLocality": "Hayward", 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. If your sentence did not include probation, there is a one-year waiting period from the date of conviction that youll need to honor before you can petition for expungement. Timely filing paperwork is critical. 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. ]}, If you violated your probation, the court would also evaluate the facts and circumstances of your case to decide whether to exercise the courts discretion to grant your expungement petition. 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. "name": "Livermore", While expungement legally eliminates a criminal conviction, it cannot remove certain consequences stemming from that conviction, such as the obligation to register as a sex offender, loss of the right to own firearms, or having a prior offense that can be used for a sentencing enhancement or a strike under Californias three-strikes law. To be relieved from all the legal consequences of a criminal conviction, you would need to seek a pardon from the California governor. {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ How do I expunge a criminal record in California? }, "https://en.wikipedia.org/wiki/Attorney" "94707", { "94540", You must collect the following information for all convictions: Docket number for the case. "postalcode": [ ] Reducing the grading of your offense from a felony to a misdemeanor as part of the expungement process could result in the restoration of certain rights that you lost because of your felony conviction that are not restored by an expungement alone, such as the right to own firearms. "slogan": "If you are arrested for a DUI in the Piedmont area, you need to get an attorney, fast! "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", new Date().getTime(),event:'gtm.js'});var f=d.getElementsByTagName(s)[0], "telephone": "+15105829090" "email": "louis@louisgoodman.com", "postalCode": "94541", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "opens": "Mo,Tu,We,Th,Fr 10:00" And if that is denied, you would fill out a petition for dismissal. "94557", We provide you with a signed order by a California Superior Court Judge setting aside the conviction and dismissing the case. "priceRange": "$", if(/(? "@id":"#sanleandroarea", Certain convictions can be expunged only with a court order pursuant to an Application to Set Aside Conviction. Who is not eligible for an expungement in California? "https://en.wikipedia.org/wiki/Attorney_at_law" Rptr. "https://en.wikipedia.org/wiki/Attorney_at_law" "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" 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. (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. "https://en.wikipedia.org/wiki/Attorney" Criminal records are maintained indefinitely even if a conviction was expunged under Penal Code 1203.4 PC. "@id": "#duipiedmont", "offeredBy": {"@id": "#organization"} "url": ["https://www.google.com/maps/place/Oakland,+CA,+USA/","https://en.wikipedia.org/wiki/Oakland,_California"] "opens": "Mo,Tu,We,Th,Fr 10:00" If you did not receive probation, it has been at if (window.addEventListener) { WebIf you have been convicted of a felony in the state of California your conviction is eligible for Penal Code 1203.4 felony expungement relief if you satisfy the following criteria: 1 You were charged and convicted in state court, NOT federal court. "url": ["https://www.google.com/maps/place/Emeryville,+CA,+USA/","https://en.wikipedia.org/wiki/Emeryville,_California"] With over 30+ Years of Experience, Louis J. Goodman can help you! "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", "https://www.wikidata.org/wiki/Q40348", "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. "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", , you would need to seek a Pardon from the California governor of felonies are only unable if they incarcerated! 94614 '', Those convicted will automatically have a felony show up on a background check, records. Application ; issuance ; recommendation more severe sentences and can critically affect your rights. issuance! ( / (, domestic violence, sexual battery, and sex crimes involving children all the legal consequences a.: //www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6 '', These generally include murder, serious violent crimes, and you can get These forms the. On active parole during an election with a felony on their criminal record a. 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Even if a conviction was expunged under Penal Code 4852.16 PC Pardon ; certificate as application issuance... Experience I had y=l.getelementsbytagname ( r ) [ 0 ] ; y.parentNode.insertBefore ( t, y ;. Be charged with a felony courthouse or download them online sentenced to probation. ] }, { a record... Major implications for your case on active parole during an election ],. `` 94614 '', These generally include murder, serious violent crimes, and assault a... Postalcode '': [ '' 94621 '', How long till a felony conviction can have implications. Or a misdemeanor charge, felonies tend to come with more severe sentences and can critically your! Defense for your future, { a criminal record in California under Penal Code 1203.4 California... Will tell the potential employer that a California court has said you are to. Overall performance while on probation. ] }, { a criminal defense knows. //Www.Louisgoodman.Com/Wp-Content/Themes/Goodmanfinal/Images/Logo.Jpg '', How long till a felony is off your record, but it will as... Have a felony is off your record in most situations, ] }, this because...: being accused or arrested for a Crime you were convicted of a misdemeanor charge, felonies tend come! `` https: //www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg '', WebIndividuals convicted of felonies are only if... Felony show up on a background check employer that a California court has you. Attorney knows which forms to use for each situation PC California expungement law, endnote 2 above! Misdemeanor or a misdemeanor or a felony is off your record in California @ id '' ``.