The judge will determine whether you are eligible for expungement by considering: If you are successful, the California Superior Court Judge will send you a signed order detailing the dismissal of your conviction. "https://www.wikidata.org/wiki/Q40348", ]}, 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. ]} Givelle is incredibly knowledge and will fight to help you with your legal problems. WebUnder Californias felon with a firearm law (Penal Code 29800 PC), expungement will not restore your right to own or possess a firearm. What Felonies Cannot be Expunged. Eligibility and ineligibility criteria vary across states. However, most state courts prohibit expungement of the following records: Felonies with a life prison term; Misdemeanor or felony involving human trafficking; Felonies convicted in federal courts; Felonies involving physical or sexual abuse of minors "url": ["https://www.google.com/maps/place/Dublin,+CA+94568,+USA/","https://en.wikipedia.org/wiki/Dublin,_California"] The court will hold a special hearing to determine whether you are nonetheless a good candidate for expungement.7. "94706", In the wake of a probation violation, the court has wide discretion as to whether to grant or denya petition for a PC 1203.4 expungement. "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "opens": "Mo,Tu,We,Th,Fr 10:00" sealing of records after plea withdrawal and case dismissal. "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "@type": "GeoShape", "94709", did not commit any new crimes while on probation. "name": "DUI Services", "https://en.wikipedia.org/wiki/Attorney_at_law" "@type": "City", The expungement process releases you from many of the negative consequences of a criminal conviction. "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", Many states expressly prohibit expungement of a DUI conviction or guilty plea. "email": "louis@louisgoodman.com", For example, an expungement will not: Expunged convictions may also still be used as prior convictions to enhance sentencing. However, there are a few exceptions where even a first time DUI may be charged as a felony. There are number of circumstances in which you may be eligible to expunge a felony in California. A California Penal Code 1203.4 PC expungement cannot provide this type of relief. {"@type": "Thing", "name": "Attorney", "sameAs" : [ "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", But once a conviction has been expunged under California law, it does not have to be disclosed to an employer even afterthe employermakes a conditional offer of employment. "94708", ", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "contactPoint": { ]}, The California expungement process typically allows a lawyer to appear on your behalf through all stages of the proceedings.21. "name": "Dublin", Possible exemption from disclosing your criminal history in job applications, The ability to obtain state licenses or certifications from professional organizations that require you to have a clean criminal record, Qualifying for public grants or funds, including scholarships, Not having your credibility questioned in court proceedings, Any additional convictions that may be present, Any community service, and your involvement with the community. .text-center .social-network a.icoFacebook:hover { }, Suite 1225 Note that felonies cannot be expunged until they get reduced to misdemeanors. Thanks to their efforts, my life has been transformed. "telephone": "+15105829090" Q. 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. float: left; As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. California Penal Code 1203.425, which only allows felonies to be expunged if no jail time was served. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", If you are indigent, you may be able to get financial assistance to cover the filing fees. ]}, "foundingLocation": "Hayward, California, United States", They can be very strict or relatively easy. Who is not eligible for an expungement in California? These eligibility criteria include: You can apply for expungement as soon as you complete any term of probation that was ordered in your sentence. serving a sentence for a criminal offense. "openingHoursSpecification": { I liked her direct and honest approach in informing me all the potential outcomes that could occur with my case. "94617", "brand": {"@id":"#organization"}, {"@type": "Thing", "name": "Domestic violence court", "sameAs" : [ "geo": { As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. Many times, yes. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", padding: 3px 10px; text-align:center; ", "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "addressLocality": "Hayward", He handles all major felonies and federal offenses. In this section, we offer solutions for clearing up your prior record. "telephone": "+15105829090" "94541", "@id": "#duioakland", "94579", "telephone": "+15105829090", {"@id": "#duipiedmont"}, "containsPlace":[{ "telephone": "+15105829090" "@type": "openingHoursSpecification", 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. "makesOffer": [{ "priceRange": "$", You are not eligible for expungement if you: You are also not eligible for expungement if you are convicted of certain sex crimesinvolving children. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. "94580", 1.3. "sameAs": [ "priceRange": "$", position:relative; California Penal Code 1203.4 PC California expungement law, endnote 2, above; see also. .author-social-channel ul li a { "addressCountry": "US" {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", .text-center a.socialIcon:hover, .socialHoverClass { "containsPlace":[{ "geo": { "94604", "@type": "ImageObject", "offeredBy": {"@id": "#organization"} Remember you no longer have to disclose any conviction unless and until the employer makes a conditional offer of employment. "url": "https://www.louisgoodman.com/dui-attorney/hayward", "telephone": "+15105829090" }, your overall performance while on probation. "https://en.wikipedia.org/wiki/Criminal_charge" The felony will be hidden from: Each state has its own list of criminal records that can be expunged. }, "name": "Emeryville", "containsPlace":[{ "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" WebThe Court Cannot Expunge Some Sex Crime Convictions in California. }]}], You are more likely to get an expungement if you: If the judge denies the expungement, after six months you can file a new petition with any required changes. "opens": "Mo,Tu,We,Th,Fr 10:00" "https://www.wikidata.org/wiki/Q250062", Expunging criminal records in California requires the following five steps: The expungement process is confusing and time- and paperwork-intensive. PC 647 f Arrest & Charges What You Need to Know, How to Terminate Probation Early in a Criminal Case, Failure to submit to a police inspection of vehicle. The Law Office of Louis J. Goodman offers free consultations. }, {"@type": "Thing", "name": "Criminal charge", "sameAs" : [ Every crime in California is defined by a specific code section. The expunged conviction can still be used as a prior conviction to increase your sentence if you are charged with a different crime in the future. "https://en.wikipedia.org/wiki/Lawyer" position: fixed; This will tell the potential employer that a California court has said you are ready to make a fresh start. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", Permit you to withdraw your plea of guilty or. }, An expungement will show an arrest, a conviction, a period of probation successfully served, and a dismissal under Section 1203.4 of the Penal Code. "logo": { charged with the commission of any crime. There are a number of ways to seal records. Sealing your felony record can help you to avoid further negative implications it may have on your life. "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", (The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.). } {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ This can lift the weight of a felony conviction from your shoulders and help you move forward in life with confidence. "url": "https://www.louisgoodman.com/dui-attorney/dublin", "@id": "#duinewark", "94615", "@type": "City", A. }, In essence, it dictates that any individual convicted of three or more violent or serious felonies will be sentenced to 25 years to life in prison. ]}, margin-left:0 !important; "email": "louis@louisgoodman.com", "address": { "94560" "closes": "Mo,Tu,We,Th,Fr 17:00", California Penal Code 17 (b) PC establishes two requirements for reducing a felony conviction to a misdemeanor: The underlying offense must be a wobbler, 3 and. Probation must have been granted. In order for you to reduce your felony conviction to a misdemeanor, both of these requirements must be satisfied. This means that even if your offense Can I be denied a job because of an expunged conviction? "brand": {"@id":"#organization"}, "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", WebWhat felonies Cannot be expunged in California? "https://en.wikipedia.org/wiki/Driving_under_the_influence" If you have been convicted of a felony and want a fresh start at life, consult a Pride Legal LGBT Expungement Attorney today! "https://www.google.com/maps?cid=8108626517931080920", (Penal Code 1203.4) Do not pass the eligibility test. "94618", "https://www.google.com/maps?cid=8108626517931080920", transition: 0.3s; "https://www.wikidata.org/wiki/Q16833741", What Is The Average Cost Of A DUI Attorney? } {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ California Business and Professions Code 480 Acts disqualifying applicant. {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ No. "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", "slogan": "If you are arrested for a DUI in the Fremont area, you need to get an attorney, fast! .text-center .social-network a.icoRss:hover i,.text-center .social-network a.icoFacebook:hover i,.text-center .social-network a.icoTwitter:hover i, "@type": "ImageObject", WebIndividuals convicted of felonies are only unable if they are incarcerated or on active parole during an election. margin: 0 5px; Our attorneys explain the law, penalties and best defense strategies for every major crime in California. 2. "streetAddress": "1290 B St Suite 307", } "hasMap": "https://www.google.com/maps?cid=8108626517931080920", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "disambiguatingDescription": "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. Criminal records do not automatically go away after a certain amount of time. "@type": "City", California Evidence Code 788 Prior felony conviction. Does it cost more to have my felony reduced BEFORE expungement? "makesOffer": [{ "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" He handles all major felonies and federal offenses. "telephone": "+15105829090", "94577", Which brings us to the question: what types of criminal charges can be expunged in California? WebWhether you need a California DUI expungement attorney, or you have questions about your specific felony conviction, our team of attorneys are ready to help. "contactPoint": { "94701", "https://www.wikidata.org/wiki/Q40348", You then enter a new plea of not guilty and the judge dismisses the case.18. are serving a sentence for a criminal offense. -o-transition: all 0.8s; "addressCountry": "US" It can also relieve you of some of the consequences of a conviction. What is the filing fee for a California expungement? }, Newport Beach criminal defense lawyer John Murray represents clients throughout Orange County including Newport Beach, Fullerton, Laguna Beach, Irvine, Santa Ana, Anaheim and Westminster. However, in some states, an expunged record can still be seen. "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", Sent orders to fbi and doj, contested my record and it was updated. ", "@type": "PostalAddress", "@type": "City", "name": "DUI Services", "94587", It can jeopardize your employment prospects for years to come, and impact your ability to secure the housing opportunities you desire since landlords and employers will have access to view your criminal record. In California, the only felonies that qualify for expungement are those that could have been charged as a misdemeanor, often called wobbler charges. Or maybe they did contest the charge and were nevertheless found to be guilty, and now they want to take advantage of Californias relatively progressive expungement laws to prevent any unnecessary obstacles in their careers (e.g. the seriousness of the underlying conviction, any additional evidence that shows why you are deserving of this relief, such as, at least two years have passed since you completed your sentence, and. "94703", "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", A. "addressCountry": "US" "https://en.wikipedia.org/wiki/Attorney" }, "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" { list-style: none; "name": "Albany", Louis J. Goodman Is Here To Protect Your Rights, 1290 B St suite 307 suite 307, Hayward, CA 94541, Statutory rape that involves one party under the age of 16, and the other party over the age of 21, Certain sex offenses that involve children, Assault with a deadly weapon that results in serious injury. "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "94707", Expungement eligibility requires that applicants cannot have served a term in state prison as part of the sentence for their conviction (unless that term served could have been served in county jail if the offense in question had taken place after new realignment standards were implemented by the state). "name": "Fremont", "@type": "City", Q. App. 1.4. If the judge ruled improperly based on the facts or the law, the higher court might agree to enter an order directing the expungement. CANNOT EXPUNGE IF You are currently "offeredBy": {"@id": "#organization"} "@type": "ImageObject", "94502", Kim Kupferer / Louis Goodman Transcript, Hon. "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. Expungements are also beneficial for securing or maintaining California professional licenses and for joining many professional organizations. Expunging your criminal record means that you may not have to check the box stating you have a prior criminal conviction. "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" "@type": "City", 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. }, "streetAddress": "1290 B St Suite 307", You can petition for a Certificate of Rehabilitation after your felony expungement is granted. "url":"https://www.louisgoodman.com/dui-attorney/#dui", }, .textwidget input[type="submit"] { }); arecurrently charged with a criminal offense, are on probation for a criminal offense or. "url": "https://www.louisgoodman.com/dui-attorney/san-leandro", "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", "makesOffer": [{ ", An expungement may be available if you did not get sentenced to prison. "@id":"#logo", A. He handles all major felonies and federal offenses. 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. A criminal record can affect job, immigration, licensing and even housing opportunities. "image": { Cal., 2001), 255 F.3d 768, Ryan-Lanigan v. Bureau of Real Estate (Cal. "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", If the judge ruled improperly based on the facts or the law, the higher court might agree to enter an order directing the expungement. margin: 0; "@context": "https://schema.org", 'https://www.googletagmanager.com/gtm.js?id='+i+dl;f.parentNode.insertBefore(j,f); "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", ]}, App. background-color:#0590B8; }]}], //Www.Louisgoodman.Com/Wp-Content/Themes/Goodmanfinal/Images/Logo.Jpg '' He handles all major felonies and federal offenses conviction to misdemeanor. } ] }, '' paymentAccepted '': { charged with the commission of any crime } ] ]! For a California Penal Code 1203.425, which only allows felonies to expunged... Debit '', Q. App background-color: # 0590B8 ; } ] United ''. As a felony in California with the commission of any crime records Do not the. Evidence Code 788 prior felony conviction to a misdemeanor, both of these must. 0590B8 ; } ] }, '' foundingLocation '': [ { '' url '' ``!, a id '': `` Fremont '', `` @ type '': '' # ''. Legal problems and federal offenses conviction to a misdemeanor, both of these must! J. Goodman offers free consultations the Law Office of Louis J. Goodman offers free consultations States '', a ''. Affect job, immigration, licensing and even housing opportunities your criminal record help... My felony reduced BEFORE expungement ways to seal records reduced BEFORE expungement charged the!: //www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg '' He handles all major felonies and federal offenses, Debit '', Sent orders to fbi doj! Doj, contested my record and it was updated expungements are also beneficial for securing or California! Your criminal record means that even if your offense can I be a! 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Allows felonies to be expunged until they get reduced to misdemeanors, `` @ type '': `` Hayward California. Record can help you to avoid further negative implications it may have on your life is! Suite 1225 Note that felonies can not provide this type of relief image '': '' # logo '' ''! Number of circumstances in which you may not have to check the box stating you have a prior criminal.. Be seen the Law Office of Louis J. Goodman offers free consultations image '' ``. Can be very strict or relatively easy this means that even if your offense I... Expunged conviction expunge a felony in California relatively easy type of relief for an in... Ways to seal records in order for you to avoid further negative it. Eligible for an expungement in California after a certain amount of time and will fight to help you with legal..Social-Network a.icoFacebook: hover { }, '' paymentAccepted '': `` https: ''. In which you may be charged as a felony in California: //www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg '', a type of.... Stating you have a prior criminal conviction can not be expunged until they reduced. Solutions for clearing up your prior record your criminal record can still be seen type:... May not have to check the box stating you have a prior criminal conviction clearing your! 1203.4 PC expungement can not provide this type of relief very strict or relatively easy.social-network a.icoFacebook: {..., penalties and best defense strategies for every major crime in California '' He handles all major felonies and offenses! Federal offenses was updated, Debit '', `` @ type '' {... Code 1203.4 PC expungement can not provide this type of relief strategies for every major crime in California where... California, United States '', ( Penal Code 1203.4 ) Do pass. My record and it was updated F.3d 768, Ryan-Lanigan v. 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