why should hire california attorney for expungement

by Bernita Padberg PhD 5 min read

Why Should I Hire a California Expungement Attorney? A qualified California expungement lawyer can help you determined whether you qualify for expungement. The process can be complex and require more attention than you have.

Full Answer

How much does it cost to expunge your record in California?

Including Court Costs, ALL Legal Work and Court Appearances: Infraction Expungement $590* Misdemeanor Expungements $695* Misdemeanor DUI Expungement $820. Felony Expungement $915* (includes a reduction to a misdemeanor when eligible)

How much does it cost to have your record expunged if you use an attorney in NJ?

Filing Fees: The New Jersey Superior Courts currently charge $75 to file for an expungement. Lawyer's Fees: Every expungement case is different. Some cases may only take a few hours of work, while others might require multiple court appearances.

How long does it take to expunge a felony in California?

about 4-5 monthsA typical timeframe to complete the expungement of a felony in California is about 4-5 months. Cases are heard by the courts in the order in which they were filed. File the forms at the court in the county where you were convicted.

What are the requirements to expunge your record in California?

Generally, an individual qualifies for an expungement under Penal Code 1203.4 if he or she: (1) committed a felony or misdemeanor and was not incarcerated in the California state prison, (2) fulfilled the terms of his/her probation, and (3) was not convicted of one of the specific crimes that make someone ineligible to ...

Can you get a gun permit with a felony in NJ?

Federal Firearms Law Like New Jersey law, federal law also prohibits any person who has been convicted of a felony from owning, carrying, or purchasing a firearm.

How long does a felony stay on your record in New Jersey?

Crimes or felonies which resulted in a conviction can generally be expunged ten years after you have completed your sentence, paid your fine, or completed parole or probation, whichever comes last.

What felonies Cannot be expunged in California?

But certain felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children.

Can you do a self expungement in California?

File a DIY Petition for Expungement in CaliforniaObtain a copy of your criminal record. You can get a copy of your record from the superior court.Complete probation. ... Pay all fines, fees, and restitution.In the case of a felony, petition the court to reduce charges. ... In the case of a misdemeanor, complete and submit CR-180.

Does expungement restore gun rights in California?

An expungement or record sealing will NOT restore your firearm rights. You will need to wait the 10-years even if you have your conviction expunged or sealed. The only way this can be lifted is if you get a court order from a judge.

How long does an expungement take in California?

90 to 120 daysHow long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.

Who qualifies for expungement?

You can apply to have your criminal record expunged when: a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years. the sentence was corporal punishment.

Do felonies go away in California?

If you have a felony conviction in California you are in luck, as California has one of the best expungement laws in the country. California Penal Code 1203.4 allows a person with a felony conviction to petition the court to have them re-open the case, set aside the conviction and dismiss the case.

What happens if the district attorney opposes an expungement motion?

If the judge requires a hearing, you must attend the hearing and you will be on your own. If the district attorney presents an oral argument in opposition to your expungement motion, you must respond and you are on your own.

Is a non-attorney website dangerous?

These non-attorney website are dangerous and are not governed by the California State Bar, meaning your sensitive personal information is very likely to be at risk and you could very possibly lose your money if you use a non-attorney website.

Can you expunge your record on your own?

If you have the time, patience, and ability to wade through the expungement laws and the statutory requirements to file a successful expungement case with the court, and you do not mind going to court hearings on your own, then you could possibly tackle your record clearing matter on your own. There are often free resources at ...

What county is a California expungement?

Tuolumne County Expungement Attorney. Yolo County Expungement Attorney. Yuba County Expungement Attorney. About California. California is a state located on the West Coast of the United States. It is the most populous U.S. state, home to 1 out of 8 Americans, and is the third largest state by area (after Alaska and Texas).

How to find out if you qualify for post conviction relief?

Please call 1-888-602-9018 to find out if you qualify. Post-Conviction Relief. There are a number of post-conviction options available to you that can enable you to have a second chance and enjoy the opportunities denied you because of your criminal record. These include the following: Misdemeanor Expungement.

What is the center of California?

The center of the state is dominated by the Central 3, a major agricultural area . California contains both the highest and lowest points in the contiguous United States (Mount Whitney and Death Valley), and has the 3rd longest coastline of all states (after Alaska and Florida).

Can you get an expungement if you violate probation?

In some cases, even if you violated your probation, you may still be able to receive an expungement order. An expungement effectively dismisses your conviction and allows you to lawfully state under oath on most employment, rental housing and school applications that you have never been convicted of a crime.

Can a felony be reduced to a misdemeanor?

Reducing Your Felony to a Misdemeanor. In many instances, a felony can be later reduced to a misdemeanor pursuant to Penal Code Section 17 (B). This would include those offenses considered “wobblers” wherein the district attorney has the discretion to charge you with either a felony or misdemeanor.

Can you get your conviction expunged in California?

Expunging Your Conviction. Expungement in California does not mean the destruction of your records since law enforcement and the courts will retain these records to be used under certain circumstances. It does, though, enable the court to reopen your case and dismiss your conviction provided certain conditions have been met.

Can a felony be expunged?

As indicated, a felony can be expunged so long as you did not serve any state prison time and you have completed all the terms and provisions of your probation. If you did serve time in state prison, your other option is a Certificate of Rehabilitation.

What is expungement in California?

California criminal expungement is a process that petitions the Court to review a conviction and allows a defendant to withdraw their plea or finding of guilt; a new "Not Guilty" plea is entered by the Court , and the case is ordered dismissed, and the conviction set aside . You may honestly answer "NO" to a question regarding a criminal conviction.

Why is the DUI expungement rate higher in California?

The legal standard for California DUI Expungement cases is higher than other expungements due to a change in the Expungement law. Experienced legal counsel greatly increases the success rate in these matters as the court must make a finding that the expungement is in 'the interest of justice'.

What is the California Penal Code for expungement?

This means that individuals who have been granted a California expungement under California Penal Code section 1203.4 cannot be discriminated against for employment, hiring, promotion, or termination based upon that expunged case.

Can you get a DUI in California?

Absolutely yes. DUI convictions are one of the most common criminal offenses in California. Violation of 23152 or 23153 of the California Vehicle Code can result in conviction, fine, alcohol school and custody time. Such a conviction can have long lasting repercussions in employment, and adversely impact quality of life.

Can you own a firearm if you have a dismissed conviction?

You will not be allowed to own or possess a firearm until you would otherwise be able to do so (Penal Code 12021). Your dismissed conviction can still be used to increase your punishment in future criminal cases, if the offense is "prior-able"- such as a DUI or theft offense.

Can you answer if you have ever been convicted of a crime?

If Employers ask if you have ever been convicted of a crime, you can respond with "NO". On questions from Government Licensing Applications if you are asked if you have ever been convicted of a crime, you should disclose the expunged case, but can tell them it has been dismissed and set aside.

Can I travel to Canada after expungement?

Yes. This helps in International Travel situations; particularly in being allowed entry to Canada after an expungement. Canadian courts have held that officers should give full effect to mitigation which was granted by the jurisdiction of the offense in question. See, Saini v.

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