QUESTION

Can I expunge my felony charge from before?

Asked on Jan 28th, 2012 on Criminal Law - California
More details to this question:
I have a felony in San Jose, California for shooting up in the air in an inhabited dwelling. It has been 24years. Can I expunge it?
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6 ANSWERS

Criminal Defense Attorney serving Newport Beach, CA at Law Offices of Anthony Sessa
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Yes.
Answered on May 30th, 2013 at 9:33 PM

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You can file a motion to expunge pursuant to P.C. 1203.4.
Answered on Feb 15th, 2012 at 5:26 PM

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Family Law Attorney serving El Cajon, CA at Law Offices of Sheryl S. Graf
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Under California Penal Code section 1203.4, you may be eligible for expungement of a prior conviction where the conditions of probation have been satisfied (i.e. you paid court-ordered fines and costs and did anything else you were ordered to do) if: 1) you are not now serving a sentence for any offense, 2) your are not now on probation for any offense, and 3) you are not now charged with committing any offense. The petition for relief must be filed in the same court where the criminal case was heard. Unless you qualify for a fee waiver, you will have to pay an administrative fee to the court. There are a few offenses that are ineligible for expungement relief, but it doesn't sound like your prior conviction is one of them, so you should qualify. Please note that the relief granted by Penal Code section 1203.4 does not seal, destroy, or remove any entries from the court, law enforcement, or Dept. of Justice records, but is a dismissal of the charges and convictions. The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
Answered on Feb 15th, 2012 at 1:16 PM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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Yes, assuming you didn't go to prison. If you successfully completed probation, you can file what is called a "1203.4 motion." There is no such thing as a full expungement any longer, but this is as close as it gets and the only remedy the law provides. There are some conditions before you can do it, and I would recommend you speak to a criminal defense attorney who can help you do this. Good luck!
Answered on Feb 15th, 2012 at 1:13 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Many felonies can be expunged. I would recommend contacting an attorney in San Jose to discuss the conviction and expungement process in more details.
Answered on Feb 15th, 2012 at 1:13 PM

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Yes. Look at Penal Code 1203.4 (put Calif Penal Code into Google) but before you do, a case from 24 years ago may not be on your rap sheet and no point in opening it up. go to a police office, tell them you want to get you C. I. & I. (what they all a "rap sheet". You are finger printed and pay some money and you get it. Then you know whether it is worth pursuing Good luck.
Answered on Feb 15th, 2012 at 1:12 PM

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