Per California Penal Code 1203.4 and 1203.4a
In California, you have the right to have your misdemeanor conviction expunged. It helps to have completed all the terms and conditions of your probation. However, just because you did not complete probation, does not mean that your motion will automatically be denied. Contact Orange County Misdemeanor Records Expungement Attorney Adam R. Stull today.
It’s important to know that probation violations are one of the most common areas where criminal records are expunged. The judge has a lot of discretion to hear an argument and clear the record if he/she believes it is warranted.
The expungement process begins when we take all of your information given to us on your intake form and research your case. With the information that you have given us and what we have collected from our research, we prepare a motion and file it with the court. A motion is a legal document asking the court to grant our request. We will also send a copy or “serve” that motion on the district attorney and the probation department. We send it to their office in the courthouse where you plead guilty or no contest.
The case is set out 30-60 days for a hearing. During this time, the district attorney or probation department has the right to file an opposition to the motion. The District Attorney and Probation then submit their opposition to our motion. Once we read their response, we have the right to file a reply.
The court calendars a date for a hearing a hearing. We will be at that hearing. You are not required to be at the hearing. Often times the district attorney and probation will submit the matter and the motion will be granted. If not we will argue your case.
When the expungement is granted, your pleas of “guilty” or “no contest” is withdrawn and in their place, a plea of “not-guilty” entered into the record. Then the judge orders that the case be dismissed. We add in our motion an additional order that is signed by the judge that orders the court to send a copy of the order to the Department of Justice to update your “rap sheet” and the department of justice records.
Our firm handles all of the research, the drafting of the motion, filing the motion, service of the motion, correspondence, and phone calls and attending the court hearing. We also cover the filing fee too.
There are a few law violations that are not allowed to be expunged, they are the following codes violations of Vehicle Code section 42001 b (vehicle code infractions) or Penal Code sections 286 c, 288, 288a(c), 288.5, 289 j (these are all specific sex offenses) or any felony conviction of Penal Code section 261.5 d.
The benefit to you is on the day your record is expunged; you can legally answer “No” to direct questions on employment applications “have you been convicted of a crime”. However, there are three exceptions found in penal code section 1203.4 they are as follows:
- In an application for peace officer or public office
- In an application for a state license, or
- Contracting with the California Lottery Commission.
In all other cases, you can answer “no.”
You may also use our online case form or simply email us at email@example.com.
Contact the top Orange County Misdemeanor Records Expungement Attorney at The Law offices of Stull & Stull, we are located in Laguna Hills, California.