Legal Question in Criminal Law in California
my 43 yr old son was involved in an altercation in 2006 resulting in a misdemeanor. A small injury, cut under the eye resulted. Is there a statute of limitation here and if so what are the chances of expunging this from his record. He now lives in California.
2 Answers from Attorneys
Please call (714)838-9019 and ask for Barney Gibbs so I can get more info.
Statutes of limitation merely set the deadline for charges to be filed. That has already happened, so the limitations period is irrelevant. You your son "now lives in California," which implies that these things happened in another state. Only that state's courts can expunge the conviction. You should re-post your question under that state instead of California.
If he hasn't been convicted but the charges are still pending, then they cannot be expunged. Unless the state has some very unusual laws, the charges will never simply expire on their own either, and will hang over his head until they are resolved.
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