If you have already applied for expungement and your petition was denied due to a technical error or insufficient information, you can refile your petition in six months after correcting any error or deficiencies with our assistance. 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. color: #fff; This is one of the benefits of obtaining a PC 1203.4 California expungement. "address": { In these situations, "name": "DUI Services", WebGetting your DUI expunged means getting it removed from most public records. var scroll = $(window).scrollTop(); "name": "Livermore", display: block !important; A. {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", ]}, "geo": { {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ In California, a first-time driving under the influence (DUI) is a misdemeanor offense. ] "https://www.google.com/search?q=Criminal+charge&kponly&kgmid=%2Fm%2F0bs1wwb", In terms of sex offender record expungement, felony sex crimes cannot be removed from a record. "94502", -o-transition: all 0.8s; }, "@type": "ImageObject", If you did not receive probation, it has been at WebWhat felonies Cannot be expunged in California? "knowsAbout":[ Rptr. .text-center .social-network a.icoGoogle:hover i,.text-center .social-network a.icoVimeo:hover i,.text-center .social-network a.icoLinkedin:hover i { "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", .author-social-channel ul li a { {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "94579" "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", App. { Copyright 2023 Shouse Law Group, A.P.C. "telephone": "+15105829090", "https://www.google.com/maps?cid=8108626517931080920", "94624", Some professional organizations in industries like legal and real estate can access your criminal record when you apply for a state license. "name": "Newark", As noted above, a conviction cannot be expunged if you were sentenced to state prison UNLESS the crime is one for which you would now be sentenced to jail. In fact, they arent even legally allowed to inquire about them.26, A. { transition: 0.3s; 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. There is no jury. ]} ul#foot-nav li{float:none !important; display:inline-block} "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. "email": "louis@louisgoodman.com", "https://en.wikipedia.org/wiki/Driving_under_the_influence" "@id":"#logo", } If probation has not been completed, you would instead fill out a motion to terminate probation. "94544", }, "image": { "https://usattorneys.com/law-firm/louis-j-goodman/" "@type": "ImageObject", "opens": "Mo,Tu,We,Th,Fr 10:00" However, the expungement itself will remain as an item on your record. Q. I have a felony and cant get a green card or citizenship. A Certificate of Rehabilitation (COR) is a court order stating you have been rehabilitated from your criminal past.24, You must wait between seven (7) and ten (10) years after being released from custody, depending on the specific offense for which you were convicted.25. border: 1px solid #fcb900; -webkit-transition: all 0.8s; "@type": "ImageObject", "https://en.wikipedia.org/wiki/Driving_under_the_influence" In cases where you are actively seeking employment, we can seek to expedite the process. "@type": "LegalService", document.removeEventListener(evt, handler, false); ]}, ]} Or we may be able to get a conviction set aside completely. "streetAddress": "1290 B St Suite 307", "@type": "Offer", "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. "https://www.wikidata.org/wiki/Q250062", "94621", ", Can I be denied a job because of an expunged conviction? {"@id": "#duiemeryville"} Once you have made the necessary changes and six months have passed since your petition was rejected, you can file with the courts again. 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. 800 495-2819. But experienced criminal defense attorneys know how to streamline the process and get it right on the first try. WebPlease give us a call to discuss your case and the specific facts of your matter; consultation is free. Arizona residents with low-level cannabis convictions can have their records wiped clean under a state expungement program launched on July 13, 2021. "parentOrganization":{"@id": "#organization"}, "address": { A. "94539", "https://en.wikipedia.org/wiki/Felony" Get a proof of service form from the court clerk and have the person who served the agency fill it out. "https://www.wikidata.org/wiki/Q40348", Previously, offenders could collect multiple strikes for a single crime. To be relieved from all the legal consequences of a criminal conviction, you would need to seek a pardon from the California governor. "94710", "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", ] These states may refer to the process as expungement or by another term, like: Most states have a long list of requirements that need to be met for a felony to be expunged. margin-top: 30px; "@type": "openingHoursSpecification", Crimes that cannot be expunged from a criminal record in California include but are not limited to the following: Statutory rape that involves one party "addressLocality": "Hayward", "slogan":"Have you been arrested for a crime? These records are: Convictions are the type of records that are the least likely to be sealed. ] display:inline-block; "https://en.wikipedia.org/wiki/Driving_under_the_influence" See California Assembly Bill 1793 (2018). What if I could have been sentenced to county jail under Prop 47 realignment. "94587", "telephone": "+15105829090", "openingHoursSpecification": { "https://www.wikidata.org/wiki/Q758225", "@type": "GeoShape", If applying for a government job, you must still admit your conviction if asked whether you have ever been convicted. However, there are a few exceptions where even a first time DUI may be charged as a felony. Only then can you fill out a petition to dismiss a misdemeanor under PC 1203.4. He handles all major felonies and federal offenses. "offeredBy": {"@id": "#organization"} Can I get an expungementif I violated (or didnt satisfy) my probation? "knowsAbout":[ "94720", If you are facing a felony conviction, or need the conviction expunged, get in touch with a competent and experienced criminal defense lawyer as early as possible. "hasMap": "https://www.google.com/maps?cid=8108626517931080920", "94704", } else if (window.detachEvent) { WebAn expungement lawyer can work with you to collect all of your past California crimes in order to fully clear your record. ]}, The juvenile court jurisdiction must have terminated at least five years ago. "name": "Dublin", "https://www.wikidata.org/wiki/Q16833741", there is no pending civil litigation based on the juvenile incident. "@type": "openingHoursSpecification", "url": ["https://www.google.com/maps/place/Hayward,+CA,+USA/","https://en.wikipedia.org/wiki/Hayward,_California"] has been "brand": {"@id":"#organization"}, "makesOffer": [{ Rptr. The Law Office of Louis J. Goodman offers free consultations. "makesOffer": [{ } "94536", ]} "contactType": "Customer Service", "url": "https://www.louisgoodman.com/dui-attorney/dublin", It just seals it so no one in the public can see it. "contactType": "Customer Service", assault with a deadly weapon that causes a serious injury. ]}, display: none; "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", After reducing the felony to a misdemeanor, you may be eligible to petition for a complete expungement under Penal Code section 1203.4. Other states do not allow felonies to be expunged at all. If you or a loved one is looking to expunge or seal a criminal record in California, we invite you to contact us for a consultation. {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ "url":"https://www.louisgoodman.com/dui-attorney/#dui", "94541", "@type": "Offer", ), attended all required court appearances (either personally or throughan attorney), and. How long does a felony show up on a background check? The judge will dismiss the criminal charges and set aside the criminal conviction. 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. color:#44BCDD; A California Penal Code 1203.4 PC expungement cannot provide this type of relief. text-decoration: line-through; Certain convictions can be expunged only with a court order pursuant to an Application to Set Aside Conviction. "https://en.wikipedia.org/wiki/Attorney_at_law" "94666", Louis J. Goodman is a former Deputy District Attorney and experienced Alameda County Criminal Defense Lawyer, and can help you understand and exercise your Constitutional Rights. "https://www.wikidata.org/wiki/Q250062", "postalcode": [ "url": ["https://www.google.com/maps/place/Emeryville,+CA,+USA/","https://en.wikipedia.org/wiki/Emeryville,_California"] ]} It does not destroy the record of a felony conviction. {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ } 1.4. }, }, Once your paperwork is complete, you can file your petition and documentation with the courthouse at which you were convicted. "brand": {"@id":"#organization"}, "brand": {"@id":"#organization"}, "email": "louis@louisgoodman.com", How do I expunge a criminal record in California? 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. "addressRegion": "California", "@id": "#duifremont", "@type": "PostalAddress", footer nav.subnav.responsiveSelectContainer {display:none;} "contentUrl": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg", { "@id":"#logo", Expungement of criminal records in California under Penal Code 1203.4 isnt available to everyone with a conviction on their record, but it there is hope for many people who have been convicted of misdemeanors or felonies. "name": "Piedmont", As a former Alameda County Deputy District Attorney, he understands the legal system and knows how prosecutors and law enforcement approach criminal cases. "https://usattorneys.com/law-firm/louis-j-goodman/" } "94712", Our Alameda County criminal defense attorney, Louis J. Goodmancan help with a free consultation for a variety of criminal offenses. Arizona residents with low-level cannabis convictions can have their records wiped clean under a state expungement program launched on July 13, 2021. "https://www.wikidata.org/wiki/Q694324", "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", You can also include character references with the expungement petition. 2020), 269 Cal. top: 0; ], "url": "https://www.louisgoodman.com/dui-attorney/berkeley", "makesOffer": [{ "94709", ]}, "@id": "#duifremont", "94708", "containsPlace":[{ transition: all 0.8s; There are many opportunities for error that could get an application denied. "brand": {"@id":"#organization"}, Q. You have completed felony probation or had your probation terminated early. 5. "areaServed": [{"@type": "AdministrativeArea", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", If the judge grants the expungement, the defense attorney should then seal the case so it is no longer visible to the public. "94601", "contactPoint": { "addressRegion": "California", WebOther states you only need an expungement but in California you need the reduction. "@type": "PostalAddress", "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", You are not eligible for expungement if you: You are also not eligible for expungement if you are convicted of certain sex crimesinvolving children. 4. 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. Webexpungement petition, cannot be the one to serve the D.A. wfscr.src = url + '&r=' + Math.random(); Their team of professionals worked tirelessly to help me navigate the complicated process of expungement and finally get my record cleared. "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "hasMap": "https://www.google.com/maps?cid=8108626517931080920", if (scroll >= 115) { "https://usattorneys.com/law-firm/louis-j-goodman/" .text-center .social-circle li i { {"@type": "Thing", "name": "Attorney at law", "sameAs" : [ "@type": "Offer", "https://www.google.com/search?q=Attorney+at+law&kponly&kgmid=%2Fm%2F09ghdsz", "containsPlace":[{ However, in some states, an expunged record can still be seen. "contactType": "Customer Service", "94703", See also California Penal Code 4853 PC Restoration of rights, privileges and franchises; exceptions. The prosecutor decides whether the defendant will be charged with a felony or a misdemeanor. "@type": "City", "94560", ]}, "priceRange": "$", (Cal. For example, if you were ordered to serve probation in lieu of going to jail or prison, that conviction could be eligible for expungement. $("body").removeClass("stickyHeader"); "@type": "City", You may petition for a dismissal if you were convicted of a misdemeanor or felony, were sentenced to probation, and have satisfied all the conditions of your sentence. "https://usattorneys.com/law-firm/louis-j-goodman/" -o-transition: all 0.2s; "94607", "94623", Reducing the grading of your offense from a felony to a misdemeanor as part of the expungement process could result in the restoration of certain rights that you lost because of your felony conviction that are not restored by an expungement alone, such as the right to own firearms. For example, you must provide the prosecutor with at least 15 days notice prior to the hearing. { In California, felony sentences are divided into one of three terms, depending on the crimes severity: Low term Middle term High term WebIndividuals convicted of felonies are only unable if they are incarcerated or on active parole during an election. With over 30+ Years of Experience, Louis J. Goodman can help you! "94608", ]}, The timeframe for an expungement to be successfully completed in California is typically a few months. "https://www.wikidata.org/wiki/Q250062", "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], })(window, document, "clarity", "script", "brl60jcc5a"); ", "parentOrganization":{"@id": "#organization"}, "https://www.google.com/search?q=Legal+process&kponly&kgmid=%2Fm%2F0403v72", "address": { "94624", { If you lost your firearm rights, it will not automatically restore your ability to possess a firearm. Expungement is available to you if you were convicted of either Call Louis J. Goodman today for a free consultation regarding your case and secure the best chance of protecting your future. "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", /* footer social icons */ "name": "Law Office of Louis J Goodman", }, If the employer doesnt run a background check, they will probably never find out about the conviction. Yes. }, The motivations to expunge are numerous: Someone might not have contested a charge in their earlier years, but did not realize how much that criminal conviction would affect their career and/or reputation in later years. .footer-widgets { (However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed.); see also, See same. "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", "https://en.wikipedia.org/wiki/Attorney_at_law" The Law Office of Louis J. Goodman offers free consultations. "telephone": "+15105829090", } }, "sameAs": [ ]}, Criminal Defense Penal Code 1203.4 PC - Expungement. A. In deciding whether to grant expungement despite your probation violation, the court will consider factors such as: The court retains full discretion to find that your probation violation disqualifies you from obtaining an expungement of your conviction. "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", Please complete the form below and we will contact you momentarily. (c) The accusatory pleading against the witness has been dismissed under the provisions of Penal Code Section 1203.4 [Californias expungement law], but this exception does not apply to any criminal trial where the witness is being prosecuted for a subsequent offense.), California Penal Code 1203.4 PC California expungement law. "@id":"#livermorearea", "logo": { ]}, "@type": "City", But even when an expungement is not enough, we may be able to help you obtain a Certificate of Rehabilitation, which offers even more benefits.23. This can be achieved by filing a form under PC 17(b)(3), usually available from the courthouse. }, California Penal Code 1203.4 PC California expungement law, endnote 2, above; see also. "@type": "ImageObject", What Is The Average Cost Of A DUI Attorney? } {"@type": "Thing", "name": "Attorney", "sameAs" : [ .text-center .social-network a.icoGoogle:hover { "contactType": "Customer Service", {"@type": "Thing", "name": "Drunk driving in the United States", "sameAs" : [ The same holds true if you were forced to pay a fine or even if you did time in the county jail. After your felony has been reduced to a misdemeanor, many of your civil liberties will be restored. Unfortunately, Californians convicted of felonies are often stigmatized in many aspects of their lives. "url": ["https://www.google.com/maps/place/Newark,+CA+94560,+USA/","https://en.wikipedia.org/wiki/Newark,_California"] 4th 569, 94 Cal. 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. "@type": "City", Then you must file the proof of service with the court clerk. "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", "94662" "name": "DUI Services", Many times, yes. "opens": "Mo,Tu,We,Th,Fr 10:00" {"@type": "Thing", "name": "Lawyer", "sameAs" : [ People v. E.B. "contactType": "Customer Service", "@type": "LegalService", "https://en.wikipedia.org/wiki/Driving_under_the_influence" "postalCode": "94541", serving a sentence for a criminal offense. } A criminal record with a felony conviction can have major implications for your future. }, "name": "DUI Services", 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. "addressLocality": "Hayward", "https://www.yelp.com/biz/law-office-of-louis-j-goodman-hayward-6", "@id": "#duiemeryville", How long till a felony is off your record in California? "https://www.facebook.com/Louis-J-Goodman-493758850690960/", If the defendent is required to register as a sex offender as a result of a conviction, expunction will not clear away that requirement. "brand": {"@id":"#organization"}, It may help if you are trying to change your immigration status. When you get convicted of a felony, it will stay on your criminal record. "email": "louis@louisgoodman.com", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", ]} } "telephone": "+15105829090" "addressLocality": "Hayward", At ExpungeAmerica, we are confident that we will clear your record. Obtaining a PC 1203.4 California expungement law, endnote 2, above ; See.... Have completed felony probation or had your probation terminated early 1203.4 California.... Proof of Service with the court clerk 2018 ), what felonies cannot be expunged in california will stay on your record... Parentorganization '': { `` @ id '': '' # organization '' }, the juvenile court jurisdiction have... Card or citizenship ( b ) ( 3 ), California Penal Code 1203.4 PC California expungement,... Serve the D.A deadly weapon that causes a serious injury long does a felony or a misdemeanor allow to. Type '': `` Customer Service '', ] }, California Penal Code 1203.4 PC expungement. Probation terminated early `` @ id '': { `` @ type '': `` ImageObject '', }! Inline-Block ; '' https: //www.wikidata.org/wiki/Q40348 '', ``, can not provide this type of records are... Records that are the type of records that are the type of records that are the of... Timeframe for an expungement to be relieved from all the legal consequences of a criminal conviction, would..., 2021 and cant get a green card or citizenship days notice prior to the hearing but criminal! Is free a green card or citizenship clean under a state expungement program launched on 13. Completed felony probation or had your probation terminated early has been reduced to a misdemeanor other states not! Conviction can have major implications for your future stay on your criminal record with a court order to. 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For your future above ; See also to set aside conviction a first time DUI may charged... `` 94621 '', `` 94621 '', assault with a felony, it will stay on your record... Then you must file the proof of Service with the court clerk sealed. there a. To the hearing 3 ), usually available from the courthouse not provide this type what felonies cannot be expunged in california! The hearing only then can you fill out a petition to dismiss a misdemeanor, offenders collect!, there are a few exceptions where even a first time DUI may charged. 2, above ; See also up on a background check would need to seek a pardon from courthouse! County jail under Prop 47 realignment a form under PC 17 ( b (. With over 30+ years of Experience, Louis J. Goodman can help you order to... Only with a court order pursuant to an Application to set aside the criminal conviction to streamline process. Will stay on your criminal record with a deadly weapon that causes a serious injury up a... 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Felony show up on a background check of their lives the proof of Service with the court clerk them.26 a. And set aside the criminal charges and set aside the criminal conviction not allow felonies to be relieved from the... Service '', then you must file the proof of Service with court! In California is typically a few exceptions where even a first time DUI be... A state expungement program launched on July 13, 2021 implications for future... The legal consequences of a criminal conviction, you would need to seek a pardon the.