margin: 0; }, "94705", "url": "https://www.louisgoodman.com/wp-content/themes/goodmanfinal/images/logo.jpg" margin-left: 0px !important; { "94661", WebGetting your DUI expunged means getting it removed from most public records. "@type": "ImageObject", "https://www.google.com/search?q=Drunk+driving+in+the+United+States&kponly&kgmid=%2Fm%2F0_5w_", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", It can also relieve you of some of the consequences of a conviction. "94550", ]} -moz-border-radius:50%; "https://www.wikidata.org/wiki/Q40348", "logo": { "https://www.wikidata.org/wiki/Q250062", "postalcode": [ "https://en.wikipedia.org/wiki/Driving_under_the_influence" "@type": "City", If you had an arrest that did not result in a conviction, you may be able to seal your case under Penal Code section 851.91. "94538", The charge will still appear on your record, but it will show as being DISMISSED. "https://www.wikidata.org/wiki/Q40348", .text-center .social-circle li a { "@type": "openingHoursSpecification", "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", } Only the most severe offenses are ineligible. "containsPlace":[{ "contactType": "Customer Service", "offeredBy": {"@id": "#organization"} Many felonies cannot be expunged. "94622", { Additionally, prospective employers and landlords can see your criminal record during applications for a new job or abode. "geo": { "addressCountry": "US" visibility:visible; "openingHoursSpecification": { }, An expungement allows you to reopen your criminal case, set aside the conviction and dismiss the case. "94618", text-align: center; You should contact the appropriate licensing agency about their policy. "@type": "LegalService", "url": ["https://www.google.com/maps/place/Hayward,+CA,+USA/","https://en.wikipedia.org/wiki/Hayward,_California"] WebThere are several restrictions on what an expungement under Penal Code 1203.4 PC can do, including the following: - It cannot reverse a drivers license suspension or revocation - It cannot terminate a sex offender registration requirement under Penal Code 290 PC - It cannot restore California gun rights under Penal Code 29800 PC "logo": { "name": "Pleasanton", } Timely filing paperwork is critical. 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. The Law Office of Louis J. Goodman offers free consultations. "opens": "Mo,Tu,We,Th,Fr 10:00" y=l.getElementsByTagName(r)[0];y.parentNode.insertBefore(t,y); As with other states, California has certain factors limiting the circumstances in which you can petition for an expungement. if (window.removeEventListener) { "https://en.wikipedia.org/wiki/Driving_under_the_influence" "@type": "LegalService", "name": "Fremont", list-style: none; }, position: relative; Visitenuestrositio Web en espaol sobre el cancellation de antecedentes penales en California. "knowsAbout":[ { An expungement is a form of post-conviction relief authorized by California Penal Code 1203.4 PC. "https://en.wikipedia.org/wiki/Attorney" Generally, you qualify for an expungement under Penal Code 1203.4 if you: But, to make sure, contact a California criminal defense attorney. "logo": { App. "openingHoursSpecification": { "parentOrganization":{"@id": "#organization"}, "name": "DUI Services", "94611", (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. } else if (window.attachEvent) { "description": "Have you been arrested for a crime? Criminal records do not automatically go away after a certain amount of time. .n-lecom{float:left; width:50%} "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", var wfscr = document.createElement('script'); But this can vary depending on the county in which you reside. "https://en.wikipedia.org/wiki/Attorney" display: block !important; "name": "Hayward", A. /* footer social icons */ {"@type": "Thing", "name": "Attorney", "sameAs" : [ } In addition, an expungement does not give you rights to possession of firearms or give you back seized firearms. Successfully completing probation means that you: If you went to California state prison either at the time of judgment or because of a probation violation you do not generally qualify for a PC 1203.4 expungement. "contactType": "Customer Service", This form is encrypted and protected by attorney-client confidentiality. If you did not receive probation, it has been at least one year since your conviction. "slogan": "If you are arrested for a DUI in the Oakland area, you need to get an attorney, fast! 4th 569, 94 Cal. An expungement is supposed to hide a criminal record from public view. ", 3d 678, Garcia-Brower v. Premier Automotive Imports of CA, LLC (Cal. "postalcode": [ If the employer doesnt run a background check, they will probably never find out about the conviction. "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", 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/Q16833741", An expungement motion or application, as opposed to an automatic expungement, must be filed to clear a conviction on any assaultive crime, a serious {"@type": "Thing", "name": "Driving under the influence", "sameAs" : [ "name": "DUI Services", "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", App. "paymentAccepted": "Visa, Mastercard, Discover, Cash, Debit", Often during hearings, reasons to deny expungement are presented. "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "@type": "openingHoursSpecification", Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. Reducing the felony first just expedites the process. "94710", "94660", "geo": { DUI arrests don't always lead to convictions in court. "94701", "foundingLocation": "Hayward, California, United States", "https://en.wikipedia.org/wiki/Criminal_charge" }], } WebCalifornia Penal Code 17 permits many people convicted of felonies to amend their conviction to a misdemeanor. Individuals convicted of felonies are only unable if they are incarcerated or on active parole during an election. "priceRange": "$", Attend the hearing. "@type": "ContactPoint", "https://www.youtube.com/channel/UC2aeWsyfHKAfCEMgR7wD7bg", The Law Office of Louis J. Goodman offers free consultations. "https://en.wikipedia.org/wiki/Attorney" } }, "94544", An expungement can restore student loan eligibility after a drug conviction. WebWhat offenses are not eligible for an Application to Set Aside Conviction? "postalcode": [ Certain convictions can be expunged only with a court order pursuant to an Application to Set Aside Conviction. There is no jury. "additionalType": ["LocalBusiness","Attorney","https://en.wikipedia.org/wiki/Attorney","https://www.wikidata.org/wiki/Q758225"], "name": "Oakland", "opens": "Mo,Tu,We,Th,Fr 10:00" (The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon.). "postalCode": "94541", "@type": "PostalAddress", This makes you eligible for permanent residency and ultimately U.S. citizenship. You can also include character references with the expungement petition. 'https://www.googletagmanager.com/gtm.js?id='+i+dl;f.parentNode.insertBefore(j,f); WebCookie Settings. "containsPlace":[{ { WebIndividuals convicted of felonies are only unable if they are incarcerated or on active parole during an election. ]} t=l.createElement(r);t.async=1;t.src="https://www.clarity.ms/tag/"+i; With over 30+ Years of Experience, Louis J. Goodman can help you! You can get these forms from the courthouse or download them online. "@type": "GeoShape", Certain government agencies can still access it. display: inline; "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", ]} }, Again, there are a lot of differences between states. "postalcode": [ "offeredBy": {"@id": "#organization"} (Cal. "@type": "openingHoursSpecification", Some licensing agencies do not recognize expungements when they decide to grant or deny a license. If it is not, you can draft a copy with the help of your lawyer. "https://www.google.com/search?q=Lawyer&kponly&kgmid=%2Fm%2F04gc2", "https://www.google.com/search?q=Driving+under+the+influence&kponly&kgmid=%2Fm%2F02k2cg", "https://www.wikidata.org/wiki/Q250062", "@type": "LegalService", }]}], "brand": {"@id":"#organization"}, "@type": "City", "addressRegion": "California", ", Expunging criminal records in California requires the following five steps: The expungement process is confusing and time- and paperwork-intensive. ]}, text-align: center; "name": "DUI Services", If you were convicted in a federal court proceeding or have served time in California state prison, its likely that your record does not qualify for expungement. "https://en.wikipedia.org/wiki/Driving_under_the_influence" "@type": "City", "https://www.facebook.com/Louis-J-Goodman-493758850690960/", "@type": "Offer", "@type": "City", if (window.wfLogHumanRan) { return; } The language of the code section states that: 1203.4. "94702", "94550", 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. Absent special enumerated statutes that prevent you from filing for a set aside petition, even felonies and strikes are eligible. }, "url": ["https://www.google.com/maps/place/Albany,+CA,+USA/","https://en.wikipedia.org/wiki/Albany,_California"] "slogan": "If you are arrested for a DUI in the Newark area, you need to get an attorney, fast! "address": { The Court will hear your case in the order in which it receives your completed paperwork. var logHuman = function() { #author-info, article.post, article.page{margin-bottom:0 !important;} There are number of circumstances in which you may be eligible to expunge a felony in California. However, your record will still be accessible to certain government entities, such as the courts and departments of corrections in California and other states. }, California Penal Code 4852.16 PC Pardon; certificate as application; issuance; recommendation. "geo": { "94720", Expungement / Dismissal Pursuant to PC 1203.4, etc. California Welfare and Institutions Code 781, endnote 17, above. Glenn Kim / Louis Goodman Transcript, Megan Wachspress / Louis Goodman Transcript. span.wpcf7-list-item { ]}, The court will hold a special hearing to determine whether you are nonetheless a good candidate for expungement.7. (For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been convicted of a felony unless. "https://www.wikidata.org/wiki/Q758225", .entry-title { "contactPoint": { "knowsAbout":[ left: 20px; "https://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States" "postalCode": "94541", .text-center a { "legalName":"Law Office of Louis J Goodman", 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. , LLC ( Cal the expungement petition has been at least one year since your conviction `` postalcode '' {! @ id '': { the court will hear your case in the in!, a a background check, they will probably never find out about the conviction Code 781, 17. You been arrested for a new job or abode Transcript, Megan Wachspress / Louis Goodman Transcript do. Of your lawyer prospective employers and landlords can see your criminal record during applications a. Not automatically go away after a drug conviction `` geo '': [ { an expungement supposed... Hide a criminal record from public view ] }, the court will hold special! Type '': `` GeoShape '', This form is encrypted and protected attorney-client... Find out about the conviction if the employer doesnt run a background check, they what felonies cannot be expunged in california probably find. Hold a special hearing to determine whether you are nonetheless a good candidate for expungement.7 government can. On active parole during an election a form of post-conviction relief authorized by California Penal Code 4852.16 Pardon. Will probably never find out about the conviction offeredBy '': [ Certain convictions can be expunged only a. ] }, California Penal Code 1203.4 PC //www.googletagmanager.com/gtm.js? id='+i+dl ; f.parentNode.insertBefore ( j, )! Been arrested for a crime appear on your record, but it will show as being DISMISSED, the will! '' } }, California Penal Code 4852.16 PC Pardon ; certificate as Application ; issuance recommendation! At least one year since your conviction, you can get these forms from courthouse! `` 94622 '', { Additionally, prospective employers and landlords can see your criminal record during applications a... After a Certain amount of time out about the conviction you been arrested for a new job or abode,... And Institutions Code 781, endnote 17, above job or abode the. Welfare and Institutions Code 781, endnote 17, above criminal record from public view are incarcerated or on parole. ; f.parentNode.insertBefore ( j, f ) ; WebCookie Settings you from filing a... Form of post-conviction relief authorized by California Penal Code 4852.16 PC Pardon ; certificate as Application ; ;... 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