Legal Question in Criminal Law in California

I did a California Life Scan and found the case number of a conviction from 1980; now I need to send a letter of petition to the judge of that case. How do I find out that judge's name (it has been over 30 years), and whom would I contact if that judge has been removed, stepped down, retired, etc.?


Asked on 3/27/12, 2:33 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

"Letters" to judges are disregarded. If you want the court to do something, you file an appropriate motion or Petition, properly prepared and served on all involved parties.

What I am guessing you are talking about is to "do something" about a 30 year old conviction. If you are thinking you can 'appeal' or complain about something that happened at the time, the answer is no.

If instead you are asking if there is anything you can do to 'improve' your criminal record, then yes, maybe:

While the general rule is �Records are forever�, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for licensing by any state or local agency, for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 3/27/12, 5:18 pm


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