California Expungements Legal Questions

It depends on the laws of the state where it occurred. You need to consult a lawyer who practices in the city or county where it happened. Your attorney can tell you whether it's possible to get it sealed. Most likely, if it's possible to get the arrest sealed or expunged, there will be a hearing and you would have to attend the hearing with your attorney. In Missouri, you can not get the record of an arrest expunged (removed) from your criminal record unless you were arrested based on false information and no charges were filed.... Read More

If you are lucky enough to receive one of very few pardons granted by the Governor the conviction still stands but all civil rights are restored and the record reflects the pardon. Since conviction still stands but was pardoned I think you still should disclose and be proud that the pardon was granted.... Read More

Most times a conviction may be expunged, including those for domestic violence. I see where the Justice department accessing your records previously was one of your concerns. Please be aware that even when an offense is expunged some law enforcement agencies may still have access to your pre-expungement record. However, I would not think that a misdemeanor domestic violence charge, once expunged, should prevent you from exercising your 10th amendment right to bear arms.... Read More

If you have not served any time in state prison, have not committed certain sex crimes, have paid all of your fines and penalties, and have no other pending cases you are eligible for expungement. The expungement will show up as a dismissal, in other words, there was a case, but instead of showing that you were convicted it will show that the case was dismissed.    As for gun rights, expungements do not help with obtaining those. There are other steps involved in reobtaining your gun rights.    Good luck.   www.melissabobrow.com       ... Read More

You cannot appeal to have a strike stricken. Either the case was a strike or not. The only exception may be a 422 conviction, threats, which could be reduced to a misdemeanor after successful completion of probation. Burglary of a house is a straight felony and does not reduce to a misdemeanor.... Read More

Your boyfriend is in violation of the following California Penal Code Sections, P.C. 261.5 STATUTORY RAPE 261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. (b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. CALIFORNIA PENAL CODE SECTION 647.6 CHILD Molestation PC 647.6 (a)(1)Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. This includes hugging and kissing and steps gong further. Parents cannot give consent for a child to have sex or to be molestation. Doing so would violate several California Penal and Welfare Codes. The legal age of consent in California is eighteen.... Read More