Legal Question in Criminal Law in California

In California, I was convicted of 245 ADW in the year 2004, was ordered to pay $45,000 in restitution. I have only payed about 3,000 of the amount. Will i ever be able to have an expungement? , it was ruled to be payed three ways between me and my two codefendants, but everytime i get billed it says pay full amount!!! Im about to get off probation and that was my only offense in my life...


Asked on 12/21/10, 6:19 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if ALL terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 12/27/10, 10:14 am


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