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Does California have an expungement process to remove a felony conviction from someone's record?
Wiki User
∙ 13y ago
If you were convicted of a felony and are on probation, you can apply for an early probation release as well as to have the felony reduced to a misdemeanor, and later dismissed. If you have completed your required probation or were never given probation, you can apply for an immediate reduction to a misdemeanor, and then dismissal. Yes, California does have a process for expunging felony convictions.
California Penal Code section 1203.4 authorizes a judge to withdraw a finding of guilt and to dismiss a case if statutory requirements are met. If it is a felony, the sentence must have included probation; so felonies that resulted in a sentence involving state prison are almost never eligible. Also prohibited are a many, but not all, sex crimes. Eligibility requirements include having completed probation, paid all fines and restitution, and not currently serving any other sentence or facing any new charges.
Some felonies (but not all) can also be reduced to misdemeanors. This restores lots of rights that are lost with a felony conviction. The procedure is authorized by Penal Code section 17(b)(3).
Expungement in California requires petitioning the court where the person was convicted. The process and fees vary by court. Fees range from $0 to $240. The process always requires some research and paperwork, and often includes appearing in court to try to persuade a judge to grant the petition while the district attorney or probation department try to persuade the judge not to grant it.
Most law firms that specialize in expungement will offer a money back guarantee. Check the credentials of any firm you retain, by checking with the California Bar Association
In some cases, free assistance can also be provided by your county's public defender or legal aid center, but you must meet low-income requirements and wait longer than if you retain a private firm.
Wiki User
∙ 13y ago
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Does Georgia have an expungement process to remove a felony?
No. Georgia only allows expungements to remove arrest records, in the event that there was no conviction. Georgia has a pardon procedure available post conviction. It does not remove the conviction from your record.
Does California have an expundgement process to remove a misdemeanor conviction from someone's record?
Yes, they do.
Can a misdemeanor conviction be expunged?
Yes, there is a process that can be pursued for expungement of Class C misdemeanors. The defendant must plead not guilty to pursue expungement, but the process is fairly difficult and there are no guarantees.Below is an article about expungement.Another View: You need not have pled 'not guilty' in order to qualify to petition for an expungement. Every states' law is different on this procedure but in many (all?) states you may petition for expungement even after having been found guilty - however, you must have completed the entire term of your sentence in order to even start the process.ADDED: You need to ask about your state specifically. Some states do not allow expungement of convictions at all. Some only allow arrests to be expunged, and only when the arrest does not result in a conviction. Other states allow you to expunge the conviction upon completion of your sentence.
How long does DUI expungement erase process in Madison wi?
Expungement can clear your entire record. It only applies if the DUI is the only thing on your record.
How long in Louisiana does it take to get an expungement on your record after it happen 7 years ago?
There is a process that one needs to go through to get an expungement for your record in the state of Louisiana. Depending on the crime, you can file for an expungement of the record after five years.
How do you file for expungement in Louisiana?
To file for expungement in Louisiana, you need to gather all relevant documents, including court records, arrest records, and documentation of the completed sentence or probation. Next, complete the expungement application and submit it to the court where the conviction or arrest occurred. It is advisable to consult with an attorney who specializes in expungement to ensure that you follow the necessary steps and meet the eligibility requirements.
What is the term conviction in the communication process?
To speak with conviction means to sound as if you believe what you are saying.
What is the statute of limitation for expungement in NY?
Question needs to be re-worded. The 2 phrases are not compatible with one another. Statute of limitations means that something "runs out" or "goes away." Expungment refers to the legal process of erasing a criminal conviction. Please re-word and re-submit.
What process can be used to remove the president from office for committing crime?
impeachment or conviction.
How long does a spent conviction for soliciting stay on your record?
Depends on the state. But , in most states , convictions stay until YOU or YOUR attorney file for an expungement or seal the file. And even then, some convictions can't be removed. Being CHARGED with a crime also stays unless your attorney filed for expungement at trial or in process, Even if you were acquitted, found innocent , or the charges were dropped by the state. Once again , it depends on your state, but don't assume that it just disappears with time... it doesn't. Depends on the state. But , in most states , convictions stay until YOU or YOUR attorney file for an expungement or seal the file. And even then, some convictions can't be removed. Being CHARGED with a crime also stays unless your attorney filed for expungement at trial or in process, Even if you were acquitted, found innocent , or the charges were dropped by the state. Once again , it depends on your state, but don't assume that it just disappears with time... it doesn't. In the UK, a spent conviction will remain on the Police National Computer for life with no means to remove it unless you can successfully appeal the conviction. The offence of 'Soliciting' is on the DBS list of offences that will never be filtered from a DBS check so it will show up on DBS checks forever.
How long does it take to expunge a record in North Carolina?
Call the court where you were convicted, and ask the clerk's office. That office can give you the best information. If your conviction is old, the expungement process may take longer than if it is recent. The statutes that apply are North Carolina General Statutes 15A-145 and 146.
How long does a person have to wait for an expungement of records in the city of Richmond state of Virginia?
There is no such thing as an automatic expungement of criminal records nor do they disappear from your record after a certain length of time has passed. If you have already applied for expungement, there is no legal requirement that this be accomplished within a certain timeframe. Your request must wend its way through the administrative and legal process of the courts before a decision will be rendered, and you must be patient. If you have not yet applied for expungement and wish to know more about the process in Virginia, see the below link:
