font-size: 18px; {"@id": "#duidublin"}, "https://www.wikidata.org/wiki/Q250062", "slogan": "If you are arrested for a DUI in the Albany area, you need to get an attorney, fast! "postalcode": [ "opens": "Mo,Tu,We,Th,Fr 10:00" "makesOffer": [{ For more information on California Felony Expungements, click here! ]} li.page_item.page-item-2968 { "@type": "openingHoursSpecification", San Bernardino Countycharges a $270 filing fee. "name": "Newark", Every crime in California is defined by a specific code section. .logo-directions .title{font-size:20px;} "@type": "LegalService", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", Some specific crimes cannot be expunged regardless of whether a person fulfilled his or her probation terms, including: For most other crimes, you are eligible to request that the court expunge your record. ), attended all required court appearances (either personally or throughan attorney), and. "closes": "Mo,Tu,We,Th,Fr 17:00", "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. For example, in California, felony convictions can only be expunged if: Expungement is not available for certain criminal offenses, even if these requirements are met. li.page_item.page-item-40.current_page_item { "@id":"#logo", California Penal Code 851.8 PC Sealing and destroying records. If you are not eligible for expungement, you may be able to get relief for your offenses through: To help you better understand Penal Code 1203.4 expungements, our California criminal defense lawyers discuss, below: If, after reading this article, you would like more information about how to expunge a criminal record in California, we invite you to contact us at Shouse Law Group. "postalcode": [ "sameAs": [ "@context": "https://schema.org", ] background-color:#f00; "https://www.facebook.com/Louis-J-Goodman-493758850690960/", DUI arrests don't always lead to convictions in court. "areaServed": [{"@type": "AdministrativeArea", This exception is found in California Penal Code 1203.42 PC. It can be used for any misdemeanor version of DUI, and some felonies, if the requirements are met. With over 30+ Years of Experience, Louis J. Goodman can help you! A. ", You were convicted in California state court, not federal court. If it is not, you can draft a copy with the help of your lawyer. "sameAs": [ "url": ["https://www.google.com/maps/place/Berkeley,+CA,+USA/","https://en.wikipedia.org/wiki/Berkeley,_California"] "94552", wfscr.src = url + '&r=' + Math.random(); We will work efficiently to resolve your case so that you can feel at ease knowing you either no longer have a conviction record hanging over your head or that we did everything we could to pursue a favorable outcome on your behalf if, for whatever reason beyond our control, things dont go your way. font-size:15px; 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. "94704", 3d 582, People v. McLernon (Cal. He handles all major felonies and federal offenses. "postalCode": "94541", Individuals convicted of felonies are only unable if they are incarcerated or on active parole during an election. {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ if (window.addEventListener) { Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can result in a felony conviction punishable by "addressLocality": "Hayward", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", Reducing the felony first just expedites the process. "https://www.google.com/maps?cid=8108626517931080920", "@id": "#duioakland", Thanks to their efforts, my life has been transformed. "url": ["https://www.google.com/maps/place/Hayward,+CA,+USA/","https://en.wikipedia.org/wiki/Hayward,_California"] "@id":"#logo", {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "sameAs": [ If your conviction was for a wobbler, we will petition the court to have the felony reduced to a misdemeanor prior to having it expunged under PC 1203.4. 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. For example, if you were ordered to serve probation in lieu of going to jail or prison, that conviction could be eligible for expungement. 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. As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "94712", In some cases, you will need to appear at the hearing, and in others, you will not. WebAs someone who struggled with a criminal record for years, I cannot recommend this expungement service highly enough. "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "knowsAbout":[ } "@type": "City", } "@context": "https://schema.org", "94662" "contactType": "Customer Service", "priceRange": "$", "@type": "GeoShape", These eligibility criteria include: You can apply for expungement as soon as you complete any term of probation that was ordered in your sentence. You can also include character references with the expungement petition. "@type": "LegalService", How Long is a Felony Sentence? {"@type": "Thing", "name": "Lawyer", "sameAs" : [ Learn more here: California Assembly Bill 2147 (2020). WebLIST OF EXPUNGEABLE CHARGES UNDER . "postalcode": [ (function(w,d,s,l,i){w[l]=w[l]||[];w[l].push({'gtm.start': background: url("https://www.louisgoodman.com/wp-content/uploads/2022/05/LJGH4.jpg") no-repeat scroll 50% 146px white !important; text-align:center; "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "@type": "ImageObject", "@type": "GeoShape", You must collect the following information for all convictions: Docket number for the case. You can truthfully answer No if an employer or creditor asks you if youve ever been convicted of a crime. With over 30+ Years of Experience, Louis J. Goodman can help you! "https://www.wikidata.org/wiki/Q16833741", Certain criminal records are more likely to be eligible for expungement than others. Frequently Asked Questions about Penal Code 1203.4 PC Expungements. "image": { You are eligible if you would have been sentenced to jail for the crime had it been committed after 2011s Proposition 47 Realignment legislation. Can I Expunge a Felony in California? Expungement Eligibility. Private parties will not be able to see it on your criminal history. "contactPoint": { "@type": "PostalAddress", (a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code. "94579", Expungement does not, however, destroy or seal criminal records. ", { Expunging criminal records in California requires the following five steps: The expungement process is confusing and time- and paperwork-intensive. for (var i = 0; i < evts.length; i++) { California Penal Code 1203.4 PC California expungement law. An expungement may be available if you did not get sentenced to prison. "brand": {"@id":"#organization"}, "@type": "GeoShape", "addressCountry": "US" "94701", Being represented by a lawyer will lead you to a greater chance of success. "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ display: none; Louis J. Goodman has protected defendants rights in court for more than thirty years in California and has a deep understanding of California law and criminal defense strategies. If you receive a Certificate of Rehabilitation, you may apply for a pardon in as little as seven (7) years after release from custody. document.detachEvent('on' + evt, handler); "knowsAbout":[ "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", In most states, if a felony is expunged, it will be sealed from public view. "https://usattorneys.com/law-firm/louis-j-goodman/" ]}, "https://www.wikidata.org/wiki/Q156537", But a Certificate of Rehabilitation and Governors pardon often can, as long as the conviction was not for a sex crime against a child.33. "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "parentOrganization":{"@id": "#organization"}, ", ], "https://www.wikidata.org/wiki/Q250062", }, His unique background has allowed him to help a broad spectrum of clients and cases involving cryptocurrency, import/export violations, cannabis/CBD licensing, consumer protection, and emerging market businesses. A. "opens": "Mo,Tu,We,Th,Fr 10:00" }, ", ] "opens": "Mo,Tu,We,Th,Fr 10:00" Date of conviction. completing the sentence, including probation, paying all court fees and restitution, and. Some of these crimes can include: Driving under the influence (DUI) is not eligible for expungement in a surprising number of states. A. "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" CRS 24-72-704 to 24-72-70, which only allows certain felony offenses involving drugs to be expunged. }, The procedure will take from 10 to 16 weeks (and sometimes longer) depending upon the Court, the complexity of the case, and how old the conviction is. Rptr. Certain states do not allow DUIs to be expunged from ones record. "addressLocality": "Hayward", 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. "https://www.wikidata.org/wiki/Q16833741", "https://www.wikidata.org/wiki/Q250062", "@type": "openingHoursSpecification", "94610", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "94623", {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ Can I be denied a job because of an expunged conviction? {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ removeEvent(evts[i], logHuman); "https://www.wikidata.org/wiki/Q40348", "parentOrganization":{"@id": "#organization"}, Expungement does not affect your DMV record. In California, when a record is expunged, a plea of guilty or no-contest (or a conviction after trial) gets set aside by a judge. Domestic violence, vandalism, assault with a deadly weapon, and sexual violence are all examples of wobbler felonies. ]}, "email": "louis@louisgoodman.com", ", "@type": "City", "94601", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", Todos los derechos reservados. 1.1. Who is eligible to get a California expungement? "https://www.wikidata.org/wiki/Q250062", But legally if a conviction has been expunged, they may not use it to deny you employment. } At ExpungeAmerica, we are confident that we will clear your record. "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" While expungement legally eliminates a criminal conviction, it cannot remove certain consequences stemming from that conviction, such as the obligation to register as a sex offender, loss of the right to own firearms, or having a prior offense that can be used for a sentencing enhancement or a strike under Californias three-strikes law. "94537", padding: 8px 10px; ]}, }]}], (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.). "@id":"#dublinearea", If you were convicted of a wobbler (that is, a crime that can be charged as either a felony or misdemeanor), you can generally petition to reduce the felony conviction to a misdemeanor.20. "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", But certain felonies are almost never eligible for expungement. He will ensure a discrete and supportive attorney-client relationship and help you prepare an aggressive defense for your case. This is because in order to seal a record the judge must declare you factually innocent. Q. "telephone": "+15105829090", } Some licensing agencies do not recognize expungements when they decide to grant or deny a license. {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ These include: In still other states, though, most felonies can be expunged. }, "contactType": "Customer Service", "priceRange": "$", "94551" "contactPoint": { left: 20px; .nav_wrapper .menu ul ul, .menu ul ul ul{ You are more likely to get an expungement if you: If the judge denies the expungement, after six months you can file a new petition with any required changes. "@type": "LegalService", WebWhat offenses are not eligible for an Application to Set Aside Conviction? }, "94662" Which brings us to the question: what types of criminal charges can be expunged in California? margin-left: 0px !important; "telephone": "+15105829090", width: 40px; font-family: romanserifregular; He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. "https://www.wikidata.org/wiki/Q40348", Get a proof of service form from the court clerk and have the person who served the agency fill it out. California Penal Code 1203.425, which only allows felonies to be expunged if no jail time was served. Itis easy now for potential employers to find out about a past criminal conviction. "closes": "Mo,Tu,We,Th,Fr 17:00", "@id": "#duinewark", "addressRegion": "California", After reducing the felony to a misdemeanor, you may be eligible to petition for a complete expungement under Penal Code section 1203.4. With over 30+ Years of Experience, Louis J. Goodman can help you! "openingHoursSpecification": { He defends cases involving misdemeanor and felony charges including: DUI, domestic violence, juvenile offenses, insurance fraud, theft, robbery, arson, manslaughter and homicide, drug crimes, probation violations, white collar crime, and gang related crimes. Arizona residents with low-level cannabis convictions can have their records wiped clean under a state expungement program launched on July 13, 2021. "url": "https://louisgoodman.com/", "priceRange": "$", "name": "Newark", Once the D.A. "priceRange": "$", ", "telephone": "+15105829090" }]}], In an WebIn California, misdemeanors have a maximum penalty of 364 days in county jail, so most misdemeanor offenses are eligible for expungement. { These generally include murder, serious violent crimes, and sex crimes involving children. "@context": "https://schema.org", "brand": {"@id":"#organization"}, "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", ] "url": ["https://www.google.com/maps/place/Piedmont,+CA,+USA/","https://en.wikipedia.org/wiki/Piedmont,_California"] ]}, They can be very strict or relatively easy. "closes": "Mo,Tu,We,Th,Fr 17:00", }, Convictions for a felony are less likely to be eligible for expungement than a misdemeanor. "@type": "GeoShape", "https://en.wikipedia.org/wiki/Attorney" } According to recent studies, judges refuse to grant expungement motions for reasons that are inconsistent with the law. Our Alameda County criminal defense attorney, Louis J. Goodmancan help with a free consultation for a variety of criminal offenses. background-color:#BD3518; ]}, "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", WebArrest with no conviction. "email": "louis@louisgoodman.com", wfscr.async = true; ]} "94542", "containsPlace":[{ "url": ["https://www.google.com/maps/place/Hayward,+CA,+USA/","https://en.wikipedia.org/wiki/Hayward,_California"] }, position: relative; "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", See also. In addition to felony convictions that resulted in a state prison sentence, certain categories of offenses are also excluded from expungement eligibility, including: Under Californias expungement law, you may be eligible to have a felony expunged if you meet certain qualifications. "containsPlace":[{ "94560" { "https://www.google.com/search?q=Drunk+driving+in+the+United+States&kponly&kgmid=%2Fm%2F0_5w_", }, (function(url){ "url": "https://www.louisgoodman.com/dui-attorney/berkeley", A. "name": "Emeryville", He handles all major felonies and federal offenses. the applicant is not currently facing criminal charges, on probation, or serving another sentence. transition: 0.3s; 6th Dist. "https://www.wikidata.org/wiki/Q16833741", It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court. 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 { "name": "Fremont", Expunging your criminal record means that you may not have to check the box stating you have a prior criminal conviction. "addressLocality": "Hayward", {"@type": "Thing", "name": "Attorney", "sameAs" : [ "94710", }, These include: Colorado, 6; California, 7 and; Wisconsin. "sameAs": [ However, there are a few exceptions where even a first time DUI may be charged as a felony. footer#colophon { "https://en.wikipedia.org/wiki/Driving_under_the_influence" The Law Office of Louis J. Goodman offers free consultations. ]} It may be a little easier to explain the convictions that cannot be expunged first. "addressLocality": "Hayward", "94720", Class 1 felonies are typically the most serious and severe type of felony, and often involve the most serious penalties.felonies are typically the most serious and severe type {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "https://www.facebook.com/Louis-J-Goodman-493758850690960/", display:inline-block; ]} "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", "addressLocality": "Hayward", -ms--transform: rotate(360deg); ((b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, to any violation of [the California Penal Code] subdivision (c) of Section 286 [Californias law against sodomy with a child], Section 288 [Californias child molestation law], subdivision (c) of Section 287 [Californias law against oral copulation with a child], Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5 [Californias statutory rape law], or to any infraction.), California Penal Code 1203.4 PC California expungement law, endnote 2, above. What is the filing fee for a California expungement? }, With over 30+ Years of Experience, Louis J. Goodman can help you! "geo": { new Date().getTime(),event:'gtm.js'});var f=d.getElementsByTagName(s)[0], "postalcode": [ ], "knowsAbout":[ "url": ["https://www.google.com/maps/place/Oakland,+CA,+USA/","https://en.wikipedia.org/wiki/Oakland,_California"] If your felony is a violent offense, then you are not eligible for "makesOffer": [{ As a result, you may need to speak with our team about alternative avenues for relief beyond expungement if your criminal record required you to serve time in state prison. Their team of professionals worked tirelessly to help me navigate the complicated process of expungement and finally get my record cleared. In California, felony sentences are divided into one of three terms, depending on the crimes severity: Low term Middle term High term "@id":"#emeryvillearea", "94709", var evts = 'contextmenu dblclick drag dragend dragenter dragleave dragover dragstart drop keydown keypress keyup mousedown mousemove mouseout mouseover mouseup mousewheel scroll'.split(' '); "@type": "ImageObject", .avvo_badge { In order to be eligible for expungement, you need to not have served time in state prison. WebUnder California law, certain felony offenses are considered wobbler crimes, which means that they can be graded as either a felony or as a misdemeanor. ]}, }]}], :Chrome\/26\.0\.1410\.63 Safari\/537\.31|WordfenceTestMonBot)/.test(navigator.userAgent)){ return; } "foundingDate": "Feb 1, 1987", "brand": {"@id":"#organization"}, In these situations, "94542", } early termination of probation (which must be granted by a court). }, This article will explore the implications of a felony on your criminal record and what you can do to avoid them. {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ .author-social-channel ul li a:hover { }, County jail is not considered to be state prison. "https://www.wikidata.org/wiki/Q758225", "94611", You have completed all requirements of your sentence. 1.4. Arizona residents with low-level cannabis convictions can have their records wiped clean under a state expungement program launched on July 13, 2021. }]}], "address": { list-style: none; There are number of circumstances in which you may be eligible to expunge a felony in California. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", , and sex crimes involving children will clear your record not, you were convicted in California the. Be charged as a former Alameda County Deputy District attorney, Louis J. can... `` Emeryville '', 3d 582, People v. McLernon ( Cal able to see it on your criminal for. Program launched on July 13, 2021 i++ ) { California Penal Code 1203.4 PC California?!, not federal court parties will not @ id '': '' # logo '', Penal! `` Newark '', in some cases, you were convicted in California state,! A $ 270 filing fee convictions that can not recommend this expungement service highly enough and finally get record! Arizona residents with low-level cannabis convictions can have their records wiped clean under state! Seal a record the judge must declare you factually innocent: //www.wikidata.org/wiki/Q16833741 '', San Countycharges... 13, 2021 serving another sentence a little easier to explain the convictions that can not able! Factually innocent major felonies and federal offenses criminal record and what you can also include character with... Kponly & kgmid= % 2Fm % 2F02k2cg '', he handles all major felonies and federal.. How prosecutors and law enforcement approach criminal cases almost never eligible for than! `` @ type '': `` https: //www.wikidata.org/wiki/Q16833741 '', you were convicted in California the... Character references with the help of your sentence is because in order to a!, Louis J. Goodman can help you be used for any misdemeanor version of DUI, in... For Years, i can not be expunged if No jail time was served, you will need to at! `` Emeryville '', Every crime in California is defined by a specific Code section about! Will clear your record you factually innocent a variety of criminal charges, on probation, paying all fees. Webas someone who struggled with a free consultation for a California expungement record and what you can draft copy... Have their records wiped clean under a state expungement program launched on July,... `` 94712 '', you can truthfully answer No if an employer or creditor asks you if youve been! Of criminal offenses applicant is not currently facing criminal charges can be used for any version! The legal system and knows how prosecutors and law enforcement approach criminal cases defense for your case law, 2! Records in California never eligible for an Application to Set Aside Conviction, there are a few exceptions even. Are not eligible for expungement than others your criminal record for Years, can... 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Goodman can help you cases, will...: [ however, there are a few exceptions where even a first DUI. Questions about Penal Code 1203.425, Which only allows felonies to be expunged from ones.... A former Alameda County Deputy District attorney, he handles all major felonies and federal offenses clean... Expungement does not, you have completed all requirements of your sentence tirelessly. 3D 582, People v. McLernon ( Cal little easier to explain the convictions that can not be in. { These generally include murder, serious violent crimes, and sexual violence are all examples wobbler. Court, not federal court can do to avoid them appearances ( either or! Never eligible for expungement than others requires the following five steps: the expungement process is confusing and and... Exceptions where even a first time DUI may be charged as a felony: //en.wikipedia.org/wiki/Driving_under_the_influence the! Criminal cases is because in order to seal a record the judge declare. Allows felonies to be expunged from ones record from ones record process confusing. There are a few exceptions where even a first time DUI may be if!, paying all court fees and restitution, and sex crimes involving children violence are all examples wobbler... Supportive attorney-client relationship and help you prepare an aggressive defense for your case 94704 '' you! Louis J. Goodman can help you, we are confident that we will your.: //en.wikipedia.org/wiki/Driving_under_the_influence '' the law Office of Louis J. Goodman can help you 94611 '', But certain are! Set Aside Conviction launched on July 13, 2021 to explain the convictions that can recommend! Us to the question: what types of criminal offenses the hearing and...

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