Legal Question in Constitutional Law in California

Statutes and filing/record retrevial

If i file a complaint for a crime where i am the victim and the statutes of limitations is due to run out in 5 days but i file the complaint with an error and have to correct it and it pushes the refile past the statute of limitations am i still within the rules because i filed the complaint originally before the deadline or am i out of luck?And i know federal court is where violations of the false claims act are to be filed but what do they mean by ''in camera''and can you still file the false claims action even if you dont do this''in camera ''thing.

Before filing?And when someone has their record expunged for which they had 2 convicted felonies for an 1i550 possesion while driving and that person is attempting to conceal those felonies via expungment from in a adoption proceeding,how can i expose that?Is there some where i can find the info?Besides exposing it to the social worker who happens to be the one who advised the concealment.


Asked on 8/27/07, 12:34 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Statutes and filing/record retrevial

Criminal statutes of limitation set the deadline by which a prosecutor must file charges. Regardless of when the victim reports the crime, if no charges have been filed by the time the statute runs it is too late to prosecute.

I am not familiar with the false claims act, but I can tell you that "in camera" reviews are conducted by the judge in her chambers without revealing the documents to the parties or the public. If the judge does not believe the documents justify further action, they will remain confidential.

Saying that someone is "attempting to conceal... felonies via expungement" is a non sequitur. Expungement removes the crime from the defendant's record, so there is nothing to conceal. (In California state law, felonies cannot be expunged. Some, however, can be reduced to misdemeanors and then expunged.) I don't know whether or how expunged crimes factor into adoption proceedings; you should probably re-post your question under family law to get a response from an attorney more knowledgeable in this area.

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Answered on 8/27/07, 1:52 pm


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