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California Expungements Legal Questions

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121 legal questions have been posted about expungements by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
California Expungements Questions & Legal Answers - Page 5
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Expungements
California

Recent Legal Answers

Can my Dad get his citizenship after getting his record expunged?

Answered 13 years and 6 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
You need to talk to an immigration attorney.
You need to talk to an immigration attorney.

Will a guilty plea for fifth degree theft in Iowa be shown on background checks in California?

Answered 13 years and 6 months ago by Michael Paul Vollandt (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
RAP sheet will show the out of state conviction. To expence it it must be done in the jurisdiction where the conviction occured.
RAP sheet will show the out of state conviction. To expence it it must be done in the jurisdiction where the conviction occured.

How should expungement of misdemeanor restore firearm possession right?

Answered 13 years and 6 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
THERE IS NO EXPUNGEMENT IN CALIFORNIA. You may have a condition of probation not own use possess guns or weapons. If this was related to domestic violence then the right to possess guns runs 10 years after probation is over.
THERE IS NO EXPUNGEMENT IN CALIFORNIA. You may have a condition of probation not own use possess guns or weapons. If this was related to domestic... Read More

How do I get my record expunged from a different state than the charge were received?

Answered 13 years and 6 months ago by attorney Ernest Lee, Sr.   |   1 Answer   |  Legal Topics: Expungements
It requires your hiring a California attorney who can either do an expungement in Arkansas or who can get a liaison attorney in Arkansas to work the impingement.
It requires your hiring a California attorney who can either do an expungement in Arkansas or who can get a liaison attorney in Arkansas to work the... Read More

Can I get a Department of Justice clearance to buy a gun in California legally after a felony expungement?

Answered 13 years and 6 months ago by Steven Jed Alpers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Expungements
THERE IS NO EXPUNGEMENT IN CALIFORNIA!!!!
THERE IS NO EXPUNGEMENT IN CALIFORNIA!!!!

Can I get a Department of Justice clearance to buy a gun in California legally after a felony expungement?

Answered 13 years and 6 months ago by attorney Ernest Lee, Sr.   |   2 Answers   |  Legal Topics: Expungements
Friend, even after a conviction is "expunged" that charge is still discoverable for firearms purposes. However, whether you can or cannot get a DOJ firearms clearance depends the facts and circumstances of your life, esp. your prior criminal record, including the expunged charge. For example, if your prior criminal record included an expunged felony, armed, robbery charge, it would be more difficult to obtain a DOJ firearms clearance that if your prior criminal record included an expunged charge for felony larceny.... Read More
Friend, even after a conviction is "expunged" that charge is still discoverable for firearms purposes. However, whether you can or cannot get a DOJ... Read More

If a man was carrying a loaded gun on him, how many months/years would he get?

Answered 13 years and 6 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
It depends where and prior record.
It depends where and prior record.

How can I get the harassment charge off my record and not have it show up on a background check?

Answered 13 years and 6 months ago by James M. Osak (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Expungements
Landlord's actions are suspect. He cannot just throw you out w/o a court judgment. Did he have one? All you had to tell cops was that you are a tenant . . . they shouldn't have arrested you. You MIGHT have some lawsuits here (landlord and police).
Landlord's actions are suspect. He cannot just throw you out w/o a court judgment. Did he have one? All you had to tell cops was that you are a... Read More

How can I have the felony drug charge expunged?

Answered 13 years and 7 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
THERE IS NO FELONY EXPUNGEMENT IN CALIFORNIA. I constantly get this question, maybe because they have this category on the lawqa. You can try to get a job, in medical assisting. I don't know if there is a licensing, but depeding on how old the conviction is you may be able to get a state license. You must tell any licensing board in California about your conviction.... Read More
THERE IS NO FELONY EXPUNGEMENT IN CALIFORNIA. I constantly get this question, maybe because they have this category on the lawqa. You can try to... Read More

Can I get a felony downgraded to a misdemeanor for meth sales?

Answered 13 years and 7 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
It is not technically possible, the DA's office would have to agree. File a request to reduce to a possession of meth 11377 H&S and see what happens. This is no t a wobbler which reduces they would have to agree to change the conviction, which is unusual. You need a lawyer.
It is not technically possible, the DA's office would have to agree. File a request to reduce to a possession of meth 11377 H&S and see what... Read More

How to remove a shoplifting misdemeanor from my record?

Answered 13 years and 7 months ago by attorney Ernest Lee, Sr.   |   2 Answers   |  Legal Topics: Expungements
You must do an expungement. In Calif they are fairly simple.
You must do an expungement. In Calif they are fairly simple.

How to remove a shoplifting misdemeanor from my record?

Answered 13 years and 7 months ago by Steven Jed Alpers (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Expungements
THERE IS NO EXPUNGEMENT OF CRIMINAL RECORDS IN CALIFORNIA! I'm sorry, but I get the same question several times a day. I wish I could give you a better answer.
THERE IS NO EXPUNGEMENT OF CRIMINAL RECORDS IN CALIFORNIA! I'm sorry, but I get the same question several times a day. I wish I could give you a... Read More

Can they arrest me in another state if I don't go to probation in California?

Answered 13 years and 7 months ago by Steven Jed Alpers (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Expungements
Yes they can arrest you out of state and they would hold you at least 30 days while the find out if California will bring you back, that involves sending the sheriff to Illinois. Your other option is to come out here and turn yourself in to resolve the case. You need a lawyer.
Yes they can arrest you out of state and they would hold you at least 30 days while the find out if California will bring you back, that involves... Read More

Can an exemption of 11350 be done for employment purposes?

Answered 13 years and 7 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
There is no expungement in California! The fact that you have not been in trouble for 23 years should help your situation.
There is no expungement in California! The fact that you have not been in trouble for 23 years should help your situation.

Can I drop a 23 year old felony to a misdemeanor?

Answered 13 years and 7 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
That is not what is known as a wobbler which can be reduced to a misdemeanor. There would have to be a motion filed to reduce the case to something that wobbles to a misdemeanor and then a 17b reduction. You do not have a right to the reduction. I believe that the only problem would be gun ownership as a felon. You should be able to vote.... Read More
That is not what is known as a wobbler which can be reduced to a misdemeanor. There would have to be a motion filed to reduce the case to something... Read More

If my record says I have domestic violence but I was not charged or arrested, can I get it off my record?

Answered 13 years and 7 months ago by Clayton Lockhart (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Expungements
In most states if the offense was not prosecuted or there was no other actions taken on it, then you are entitled to have the arrest expunged from your record.
In most states if the offense was not prosecuted or there was no other actions taken on it, then you are entitled to have the arrest expunged from... Read More

Will identity theft be erased from my record after a certain period of time or what can I do to make it so?

Answered 13 years and 7 months ago by Phillip Shekerlian (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Expungements
They do not automatically get erased. You have to file a motion with the court to have them expunged. The motion must convince the judge that it is in the interest of justice to have the charges removed. This can be done pretty easily be any attorney. It is something that you can also do on your own, but if you don't know what you are doing the odds of succeeding are low.... Read More
They do not automatically get erased. You have to file a motion with the court to have them expunged. The motion must convince the judge that it is... Read More

How can I reduce or expunge drug felony charge so I can apply for section 8 housing?

Answered 13 years and 7 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
You cannot expunge a conviction in California. They only way to get it off of your record if you were sentenced to prison, as you must have been to be on parole. The only way to get rid of such a record is to apply to the Governor for clemency. That is usually a political issue and you need to be a campaign donor to get relief.... Read More
You cannot expunge a conviction in California. They only way to get it off of your record if you were sentenced to prison, as you must have been to... Read More

Can a person get prosecuted for not knowing a check that was sent to them bounced?

Answered 13 years and 7 months ago by Steven Jed Alpers (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Expungements
That is not a criminal situation. They may try to get the money from her through a civil action, but unless the police become involved there is not a criminal prosecution.
That is not a criminal situation. They may try to get the money from her through a civil action, but unless the police become involved there is not... Read More

How do i get a shoplifting charge removed from my record? (CA)

Answered 14 years and 3 months ago by Louis J. Goodman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
When you have completed probation you can file a 1203.4 motion with the court.  An attorney can help you with this, or you may be able to do it yourself.  Check with the court where you were convicted.  Your employment status will not likely be a factor in the court's decision.  If you have not been arrested since the conviction the court should grant your motion to dismiss under Section 1203.4 of the penal code, commonly known as an expungement.   Louis J. GoodmanAttorney at Law1290 B Street, Suite 307Hayward, California 94541510.582.9090 www.louisgoodman.com... Read More
When you have completed probation you can file a 1203.4 motion with the court.  An attorney can help you with this, or you may be able to do it... Read More

What are the chances of getting probation terminated early and getting an expungment?

Answered 14 years and 9 months ago by Maureen Furlong Baldwin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
You can always request an early termination of probation. If the court finds good cause, they may grant it. Rule of thumb is that you should serve at least 1/2 of your term. Don't know your jurisdiction. 5 years is a long probation for a misdemeanor.
You can always request an early termination of probation. If the court finds good cause, they may grant it. Rule of thumb is that you should serve at... Read More
Expungements
California

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