California Expungements Legal Questions

There is a procedure that allows you to restore your gun rights following a felony conviction depending on the nature of your felony conviction. Expungement alone will not necessarily restore your firearms rights. You may want to contact an experienced criminal defense attorney to further discuss your situation.... Read Answer

In California, once you have successfully completed probation, including paid all fines that were required as a condition of probation, you are entitled to a dismissal of the conviction. Some costs and fees were not required as conditions of probation, and so they shouldn't be an impediment. Moreover, even if you haven't paid all required fines and fees, the judge still may dismiss your conviction in the interests of justice.... Read Answer

I am often asked about what is necessary to clear an criminal record.  To some extent it depends upon what you were convicted of and what sentence you received. It can get complicated, but here's a brief answer.  Feel free to give me a call to discuss the specifics of your case.   You need to file a motion to dismiss under Section 1203.4 of the Penal Code.  This is commonly known as an Expungement.  Note: an expungement will NOT erase your record or seal it.  What the record will show is that you were arrested, convicted, successfully served a period of probation, and then the case was dismissed. Nevertheless it is a good idea to expunge your criminal record.   Louis J. GoodmanAttorney at Law1290 B Street, Suite 307Hayward, California 94541510.582.9090www.louisgoodman.com  ... Read Answer

First, you need to take care of the pending criminal case.  To do so, you should hire an attorney who does criminal defense work.  You may not be able to get the case dismissed but may be able to get the charge reduced down.  Once that is resolved, you will still have to wait for a period of time before you can get the conviction expunged.  Some states require at least one year from the date of conviction.  The attorney you hire to handle the criminal case should hopefully be able to advise you on this process.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale Avvo Justia LawGuru LinkedIn Twitter Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

First, I am not licensed in the California and cannot advise you on the particulars of California expungement law.  In that regard, you need to contact an attorney licensed to practice in California.  Generally, however, if the charge was not a first or second degree felony (which should include violent crimes, sex crimes, or serious drug offenses), it could be possible to get your case expunged.  Other potential requirements would be that you were not subject to a mandatory prison term and that a certain period of time has passed since the end of any probationary period.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

You need to file a motion to dismiss under Section 1203.4 of the Penal Code.  This is commonly known as an Expungement.  Note: an expungement will NOT erase your record or seal it.  What the record will show is that you were arrested, convicted, successfully served a period of probation, and then the case was dismissed. Nevertheless it is a good idea to expunge your criminal record. You may be able to do this yourself.  Be really nice to the court clerk when you go down there.  Otherwise, contact a local attorney to assist you with this important procedure.   Louis J. GoodmanAttorney at Law1290 B Street, Suite 307Hayward, California 94541510.582.9090www.louisgoodman.com  ... Read Answer