Legal Question in Criminal Law in California

About 12 years ago I was pulled over for speeding. I was with my brother and his friend. There was a hand gun in the car along with drugs. Being that no one confessed to them I got pinned because I was the driver. I was sentenced 90 days in jail but I never turned myself in. It's been 8 years now and I've been pulled over and had another warrant for a GTA i did not commit and some traffic tickets as well. I went to jail that night and in a few days i spoke to a public defender who said they want to give me 6 months for the GTA. I told him i never stoled a car and he showed me my record and said that I have convictions and I seen the guns and drug charge. I got out on bail and the case was closed when the dealership said it wasn't me and dropped the charges. It's now going on 12 years and I have been pulled over a few times and they've ran my license for warrants but nothing has ever come up. I want to have my felony expunged but I never did the 90 days and I don't know how that's going to be with that. I never had a warrant for that. BTW my felony is in yolo co which is West Sacramento and I live in Sacramento. What can I do to find out if this is still over my head and can I get my record expunged? Thank you


Asked on 1/30/13, 2:13 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The facts you claim about your conviction, failure to serve the ordered time, should mean you have a warrant out for you. Other things you claim indicate they have never made you deal with the warrant. Therefore, you need to hire an attorney where that original change and conviction took place, so he can find out the truth by checking the court records. If you have a warrant he can represent you in handling it.

If you have a warrant, you can not Petition for expungement. Once you get your record clear of warrants, and have no pending criminal cases, contact me to discuss to possibility of expungement.

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Answered on 1/30/13, 5:26 pm


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