Legal Question in Criminal Law in California
3 strike law
My fiancee was charged with a felony in Texas in 1988. I have paperwork on this case that reads the following: Order setting aside judgment of conviction dismissing the indictment and discharging the defendant from probation. However, California is using this case in Texas an enhancement in the 3 stike law. Can this be possible? Does the above verbiage mean that the case no longer exist?
1 Answer from Attorneys
Re: 3 strike law
CA law is clear, that some convictions can be set aside and expunged, like Texas did, but that the conviction still counts as a strike for future charges, it didn't disappear. The point is that people get a second chance to have a clear record, but only if there is no new criminal offense. There are consequences to all actions.
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